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Handling pre-contractual representations in franchising
This case serves as a warning to franchisors to be mindful of their pre-contractual representations. Find out what happened and why the Franchisor was awarded over $650,000 in damages.
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Preventing ex-employees from using your client list
This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.
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What if neither party in proceedings takes a step?
The Uniform Civil Procedure Rules 1999 (Qld) (UCPR) outline considerations and rules for a period of inactivity when continuing legal proceedings in the Queensland Courts. Learn more about what to consider when continuing proceedings.
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Holding company responsibility for subsidiary debts
Uncover the factors that affect a holding company’s liability for its subsidiary’s debts. Learn when a holding company can be liable and what defences are available to protect it.
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ASIC v Macdonald – have the lessons really been forgotten?
The case of Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 highlights the importance of properly documenting Directors’ meetings to ensure they are legally compliant. This article examines the facts of the case, the basis of The Australian Securities and Investments Commission’s argument, and the principles of preparing minutes of Directors’…
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What is the Meaning of Personal Information
Court discussed meaning of “personal info” and when identity can be ascertained. Didn’t define when metadata is personal info, but determined Section 6(1) of the Privacy Act 1988 (Cth) was substantial in making determination.
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The Crowd-sourced Funding Bill 2016 – overview
Revised from the 2015 Bill, the 2016 Bill provides a regulatory framework for Crowd Sourced Funding (CSF) with eligibility requirements, obligations for Intermediaries facilitating the CSF Offers, and restrictions on advertising to protect retail investors.
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Proposed changes to the Copyright Act 1968 (Cth)
The Copyright Amendment (Disability Access and Other Measures) Bill 2017 (Bill) modernises copyright laws and provides greater access to culturally significant materials. Learn more about how this bill could affect the education, libraries and archives sectors, and how it could provide improved access to copyright material for persons with a disability.
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Shadow directors and de facto directors explained
This article examines the legal reality of de facto directors and shadow directors, which go beyond those validly appointed. It also considers whether advisory board members can be classed as such, and the implications of this status, with reference to relevant case law.
