Pages
- About Us
- Areas of law
- Ashleigh Boyce
- Awards
- Careers
- Contact Confirmation - Client Enquiry
- Contact Us
- Corporate Governance Toolbox
- Corporate Governance Toolbox Download
- Dundas Lawyers Celebrates Our 10th Anniversary
- Enquiry
- Francis Joseph
- Information
- IT Lawyers and TMT
- Legislation
- Malcolm Burrows
- New Client 1st Stage Contact Form
- New Client Contact Form
- New Client Questionnaire
- Our Team
- Password Recovery
- Privacy Compliance Toolbox
- Privacy Policy
- Rampant Lion at half mast
- Register
- Roisin Featherstone
- Sitemap
- Social Media Policy Document Form
- Software Escrow Services
- Spam Act Compliance Statement
- Terms & Conditions
- Test Restricted Page
- Testimonials
- Thanks
- Thanks for subscribing
- Toolboxes
- Twitter Follow Policy
- Useful Sites
- Video Gallery
- Video Grid Gallery
- Wills and Estates
Posts
- $750k damages for fake online reviews
- 2012 Events
- 2013 Events
- 2014 Events
- 2015 Events
- 2016 Events
- 2017 Events
- 2018 Events
- A bet or a game? The Lottoland case
- A director’s duty to act in the best interests of the company: MG Corrosion Consultants Pty Ltd v Gilmour
- A new guide for dealing with Data Breaches
- Abhorrent violent material prohibited
- ACCC guidance for online user reviews
- ACCC guidance for platform operators
- ACCC guidance on business use of social media
- ACCC guidance on country of origin labelling for businesses
- Accessory liability for copyright infringement
- Adaptions, computer code and copyright
- Advertising guidelines for Carriage Service Providers
- Agency agreements – what are they and how are they used?
- Agile Software Development Contracts
- Amended process for applications – QLD Supreme Court
- Anton Piller orders – preventing evidence destruction
- App developers must take care with Apple Developer’s License
- Applying to set aside a creditors statutory demand for payment
- Appointing an Alternate Director
- Are fiduciary duties owed by former directors?
- Are legal expenses tax deductible for a start-up?
- Are software developers liable for defects in their software?
- Are your electronic messages Spam Act Compliant?
- Are your privacy practices compliant with the amended Privacy Act 1988 (Cth)?
- Are your website terms and conditions contractually binding?
- Aristocrat hits the jackpot in Federal Court ruling
- Artificial intelligence – introductory thoughts on the legal issues
- ASIC Statement on Initial Coin Offering
- ASIC v Macdonald – have the lessons been forgotten?
- Assembling the advisory team
- Aussie Court orders Google to unmask reviewer
- Australian Competition and Consumer Commission v A Whistle (1979) Pty Ltd
- Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74
- Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634
- Avoiding liability for resale price maintenance
- Bespoke end user licence agreements for the iStore
- BIF payment claims and the QBCC ACT – part 1
- Body Corporate Meetings – proxy votes vs voting using a power of attorney?
- Brand protection in the new millennium
- Building disputes and arbitration clauses
- Businesses obligations when trading online – Competition and Consumer Act 2010
- Businesses obligations when trading online – Competition and Consumer Act 2010 (Cth)
- Buy Sell Agreements
- Calculating account of profits for trade mark infringement
- Can a company be wound up under s 461K for failing to achieve its objectives?
- Can a third party be made to account for a breach of director’s duties?
- Can an AI be an inventor under the Patents Act 1990 (Cth)
- Can an employer sack an employee for not following directions?
- Can artificial intelligence be the inventor of a patent?
- Can email trackers be submitted as evidence?
- Can employers be vicariously liable for the criminal acts of employees?
- Can legal privilege be waived by using cloud based document hosting?
- Can meta tags constitute trade mark infringement?
- Can you infringe a trade mark by exporting a product?
- Categories of discovery – Federal Court
- Changes for casual employment – employer’s responsibilites
- Changes to ACL – suppliers of services to use compulsory wording
- Changes to capital gains tax roll-over relief regime
- Changes to employment may trigger a constructive dismissal claim
- Changes to monetary threshold for consumer contracts
- Changes to the Franchising Code of Conduct
- Changes to the Franchising Code of Conduct 2015
- Changes to the Privacy Act commence today!
- Changes to Trade Mark Application Fees are Now Live
- Changes to unfair dismissal and minimum wage
- Choosing a Business Valuation Methodology
- Civil Dispute Resolution Act 2011 (Cth) have you taken genuine steps?
- Claiming delay due to COVID-19? Think again.
- Client guide to reducing legal costs
- Client Guide to Reducing Legal Costs
- Commercialisation of intellectual property
- Companies can no longer e-sign documents
- Company money is for company purposes
- Compilations from the public domain – confidential or not?
- Computer-implemented inventions and patentability
- Confusing marks – Sensis v Senses
- Consolidating related proceedings in the Federal Court
- Contracting with Minors – is it even possible?
- Contractual terms can be misleading – Jetstar under fire
- Convertible Notes
- Copyright in artistic works
- Copyright infringement online and stolen websites Australia
- Copyright protection time limits change
- Copyright, code libraries and ownership
- Corporate governance standards for not for profits
- Corporate Governance – A leverage point
- Costs in unfair dismissal applications – part 1
- Costs in unfair dismissal applications – part 2
- Costs in unfair dismissal applications – part 3
- Costs in unfair dismissal applications – part 4
- Counterclaiming in legal proceedings in Queensland
- COVID imposed document e-signing to remain
- Credit card ban – online gambling services
- Criminal liability shifts away from company officers
- Cupid Media risks privacy of the dateless
- Dallas Buyers Club gets preliminary discovery
- Dark fibre agreements for telcos
- Data Breach Bill 2016 – considerations for data security
- Data breaches: what exactly is serious harm?
- De-encryption Bill currently before Joint Committee
- De-encryption laws to make tech giants cooperate with law enforcement
- Deal fatigue in business transactions
- Debt collection the right way
- Defects and completion of construction contract stages
- Defending general protections claims
- Directions to rectify defective domestic building work – part 1
- Directions to rectify defective domestic building work – part 2
- Directions to rectify defective domestic building work – part 3
- Director Identification Numbers – more red tape?
- Director misappropriating funds found to be oppressive
- Director’s duty to prevent insolvent trading
- Director’s identification numbers to become a reality
- Directors and their associates to be personally liable for SGC and PAYG obligations
- Directors personal liability – misleading & deceptive conduct
- Directors’ Duties in Australia
- Discovery in the Federal Court of Australia
- Disputing ownership of a patent – joint inventors
- Distribution agreements – an introduction
- Diversion of corporate opportunity doctrine
- Division 7A ITTA 1936 (Cth) – compliance & consequences
- Do beneficiaries have a right to the trust deed?
- Do I have an implied software license?
- Do I need financial assistance whitewash?
- Do organisations need social media policies?
- Do you need to disclose a computer database?
- Does a franchise system need to be registered?
- Does your start-up qualify for an ESIC tax-offset?
- Domain name disputes – the case of eazyjet.com
- Domain name escrow services
- Drag along rights enforceable
- Dundas Lawyers given thumbs up in Cool Company Awards!
- Dundas Lawyers included in Doyle’s as one of Brisbane’s recommended TMT Firms!
- e-Signatures – legally binding on companies?
- Electronic execution of documents by directors
- Electronic service of documents
- Eligibility for the Trust Restructure Rollover
- Emojis used online can be defamatory – watch out!
- Employee or contractor – Implications for intellectual Property
- Employee Share Scheme (ESS) offering an option
- Employsure’s Google ads found to have mislead businesses
- Enduring power of attorney
- Enforcing overseas judgments in Australian Courts
- Enforcing QCAT decisions
- Enforcing the terms of a confidentiality agreement
- Enterprise agreements – considerations for employers
- EU General Data Protection Regulations (GDPR) – How to comply
- Evidence from the Wayback Machine
- Explaining the Media Bargaining Code
- Facebook comments considered to be workplace bullying
- Failing to tend to detail in contracts can cost millions….
- Failure to redeem – payment defaults and redeemable preference shares
- Fair Work Amendment Act – how the changes affect your business
- Federal Circuit Court invalidates ‘no refunds’ clause
- Federal Court implies a new duty in employment contracts
- Federal Court rules on unfair contract terms
- Federal government outlines proposed crowdfunding rules
- Force majeure in a major pandemic
- Foreign investment in Australian businesses
- Franchising Code changes in force
- Franchisors’ end of term arrangements – valuation of goodwill versus risk of competition
- Franchisor’s liability for forecasts
- FWC reports increase in number of claims
- Getting confidentiality agreements in place
- Government grants resource list
- Government surveillance bill passed by Parliament
- Government’s response to Productivity Commission’s report on intellectual property
- Groundless threats of copyright infringement
- Groundless threats of trade mark infringement
- Has my software been copied? – the legal test
- High Court clarifies meaning of casual employment
- Holding company liability for debts of subsidiary
- How big does your company need to be to list on the ASX?
- How much copying results in copyright infringement?
- How much is a Twitter follower worth?
- How not to terminate a contract for non-payment
- How to compare software developers based on methodology
- How to spot a fraudulent workers’ compensation claim
- How will the new Privacy laws affect your organisation?
- Implications for directors resigning from 18 February 2021
- Implications of non-compliance with the Building and Construction Commission Act (QLD) 1991
- Implications of performing unlicensed building work
- Implied contracts formed post term
- Implied terms in copyright licences
- Implied terms in software development contracts – the submarine in the code
- Importance of retention of title clauses in commercial contracts
- Indemnity costs
- Indirect patent infringement – lessons from Quaker Chemical
- Infringement of copyright in computer code
- Injunctions for breach of confidence
- Innocent infringement of copyright
- Insolvent trading – prison for former Kleenmaid director
- Intellectual property assignments and the right to sue
- Intellectual property theft | Employee theft of information
- Interactive Gambling Act 2001 (Cth)
- Interlocutory injunctions and undertakings as to damages
- Interlocutory injunctions in patent disputes
- International companies can be bound by Australian privacy laws
- Interpreting release clauses in settlement agreements
- Introduction to intellectual property
- Introduction to patent revocation
- IP contracts now subject to restrictive trade practice provisions
- Ipso facto clauses lose effectiveness post 1 July 2018
- Is the use of a trade mark in AdWords an infringement?
- Is your ACN on all your public documents?
- Is your business investor ready?
- Is your confidential information really confidential?
- Is your liquidated damages clause really a penalty?
- Is your patent being infringed?
- Is your trust deed still not Bamford compliant?
- Just and equitable winding up for shareholder oppression
- Know-how versus confidential information
- Kogan fined $310k after breaching Spam Act
- Legal issues for data loss
- Legal issues in software support agreements
- Legal issues of gamification
- Legal issues of making financial forecasts in business
- Legal risks inherent in the In-App Purchase business model
- Legal risks of social networking for business
- Licence Agreements
- Litigation – offers to settle and the rules
- Loan agreements – an overview
- Loans from Directors – can they be recalled at will?
- Managed service agreements for IT companies
- Managing pre-contractual representations in franchising
- Marketing funds for franchises
- Marketplace terms and conditions – legal issues
- Memoranda of Wishes
- Misleading and deceptive conduct in business dealings
- Misleading conduct costs Coles a lot of dough: ACCC v Coles Supermarkets Australia Pty Limited [2015] FCA 330
- Misleading or deceptive conduct by using Google AdWords
- My client poached my software developers – what can I do?
- Need a reseller agreement?
- Need to complete a share issue?
- Negligence claims in domestic building disputes
- Negotiating the value of your input to a Joint Venture
- New Anti Bullying Laws
- New Client Questionnaire
- New Fair Work information statement
- No implied term of mutual trust and confidence in employment contracts: Implications for employers
- Non-fungible tokens – the new way to own IP?
- Not so swole – removal of trade marks for non-use
- Notice requirements under a commercial lease
- Notifiable Data Breach Scheme commences 23 Feb 2018
- OAIC Notifiable Data Breaches report – July 2020
- Offers to settle: Federal Court Rules c.f. Calderbank offers
- Ownership of employee inventions – disputing ownership of patents
- Palmer breaches copyright – liable for $1.5m AUD in damages
- Particulars – their importance in civil litigation
- Patent revocation for lack of novelty
- Patents and the thresholds for registration
- Patents, grace periods and revocation – how does it all work?
- Payroll tax and your business
- Phasing out the innovation patent
- Planning a business acquisition
- Plant breeder’s rights – an introduction
- Preliminary discovery granted in patent proceedings
- Preliminary discovery in the Federal Court
- Preplanning for method of acquisition – shares or assets?
- Priority issues and the Personal Property Securities Register
- Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Cth)
- Privacy Awareness Week 2019 – 12-18 May 2019
- Privacy determination –Sensitive Information held in garden shed
- Productivity Commission’s draft report on the Workplace Relations Framework
- Prohibition on the acquisition of a relevant interest
- Proposed amendments to the Copyright Act 1968 (Cth)
- Proposed amendments to use of orphan works
- Proposed anti-bullying legislation will target social media giants
- Proposed changes to the requirements for listing on the ASX
- Proposed standards for online safety
- Purchase Money Security Interests (PMSIs) and super priority
- QBBC Home Warranty Insurance – part 1
- QBCC Home Warranty Insurance claim exclusions
- QBCC Home Warranty Insurance Claims – part 3
- QBCC Home Warranty Insurance Claims – part 2
- QBCC Home Warranty Insurance claims – part 4
- Quantification of losses for breach of contract
- Queensland technology company exits
- Raising capital without disclosure (prospectus)
- Ransomware Payments Bill 2021 (Cth)
- Re-settlement of trusts – towards a definitive test
- Readying employees and others for the due diligence process
- Redeemable Preference Shares
- Relief for companies during COVID-19
- Renewing or extending a Franchise – what’s the difference?
- Resale price maintenance
- Reseller agreements – order taker or fiduciary
- Restraining a former employee from using your client list
- Restraint of trade clauses in commercial contracts
- Restraint of trade in commercial contracts – towards a systemic understanding
- Revenge porn – legal options
- Reverse engineering of software – what are the legal boundaries?
- Review of QBCC decisions – part 1
- Review of QBCC decisions – part 2
- Review of QBCC decisions – part 3
- Review of QBCC decisions – part 4
- Risks of making financial forecasts
- Roll ups in M&A transactions
- s115A Copyright Act – infringement outside Australia
- Safe Harbour granted to proactive Directors of an insolvent company who are not merely ‘living in hope’
- Sales of counterfeit poles breach IP rights
- Satisfying the evidentiary burden for a search order
- Security for legal costs in cross-claims for patent invalidity
- Selecting and appointing the lead consultant
- Selling into the EU – what do the cookie laws mean for your website?
- Shadow directors and de facto directors
- Share vesting agreements – could compulsory acquisition be a penalty?
- Shareholder disputes – the fight for control
- Shareholder oppression
- Shareholder oppression – a taxonomy of corporate wrongs
- Shareholder oppression – the early warning signs
- Shareholder oppression – valuation issues
- Shareholder oppression in equal ownership situations
- Shareholder oppression – Victorian Supreme Court adopts pilot program to resolve oppression claims
- Shareholder’s inspection allowed despite distrust
- Shareholders’ agreements & deadlock clauses
- Shareholders’ agreements and inconsistency clauses
- Shareholders’ right to information
- Should the Lead Consultant be a lawyer?
- Should you trademark your business’ name or its logo?
- Should you work in the business before you buy?
- Silicon Beach Brisbane Christmas party 2013
- Social Media Policies are a necessity for Large Companies – Fair Work Australia
- Social Media Policy Template
- Social media rant costs respondent upwards of $350k!
- Social Media Survey 2011 – business adoption in Australia vs the World
- Software as a service (SaaS) contracts – legal considerations
- Software as a Service agreements revisited
- Software licences held to be “goods” under ACL
- Software litigation – how much evidence is enough?
- Software patent allowed for tracking user action
- Software royalties and income tax
- Sophisticated investors: precisely what are they?
- St Andrews Day Mens’ Dinner 27 November 2011 – Brisbane Australia
- Standard form IT procurement contracts – legal issues
- Standard form telecommunications services agreements
- Standing down employees – when can it be done?
- Strategy before structure
- Structuring contracts and capital gains tax
- Subpoenas to produce documents – Federal Court
- Superannuation changes: Are you ready?
- Tag along rights in shareholders’ agreements
- Tailored Constitutions vs Shareholders’ Agreements
- Take care when alleging patent infringement
- Tax incentives for early stage investors in innovation companies
- Technology startups – top 5 legal considerations
- Telco reseller agreements – legal issues
- Term Sheets and Share Subscription Agreements
- Terminating a contract with no end date
- Terminating a domestic building contract
- Terminating an employee for serious misconduct
- Terminating an indefinite contract
- Terminating employees that threaten to approach the media
- Termination for incomplete construction work
- The $6.5Billon dollar mistake!
- The ‘good faith’ defence to an unfair preference claim
- The 20/12 Rule and anti-avoidance provisions
- The Australian Cyber Law Map
- The Competition and Consumer Act 2010 (Cth) and consumer transactions
- The consequences of inaction in litigation in Queensland Courts
- The Crowd-sourced Funding Bill 2016
- The doctrine of repudiation – when good deals go bad
- The going concern exemption to GST
- The importance of evidence and its ubiquity
- The importance of using your trade mark
- The increasing burden of data security
- The legal obligation for Australian businesses to provide refunds
- The legal relationship of agency
- The Meaning of Personal Information
- The new business as usual in 2020 and beyond!
- The risks of ‘manufactured’ business testimonials: a lesson from the ACCC
- The running account defence to an unfair preference claim
- The test for infringement of circuit layout rights
- The tort of injurious falsehood
- The tort of passing off
- The use of IRUs in a telecommunications capacity
- Third line forcing and commercial contracts
- Thumbs down to McDonald’s “send to friend” campaign
- Top 11 legal tips when selling a technology business
- Top 7 common mistakes in commercial contracts
- Top 7 mistakes made in Shareholders’ Agreements
- Top ways to avoid a building dispute in Queensland
- Tort of conspiracy & confidential information
- Tortious interference with contract – what must be proven?
- Trade mark infringement – an introduction
- Transfer Duty and issuance of units in a unit trust
- Transfer Duty and loans
- Transfer duty exemption for small business restructures
- Transfer Duty in business acquisitions
- Trust restructures – relief from capital gains tax
- Uber breaches Australian privacy laws
- Underpaying employees can come at a great cost
- Unfair contract terms, small businesses and changes to the Australian Consumer Law
- Unfair preference payments and third-party payments?
- Unfair preferences – the Doctrine of Ultimate Effect
- Unfair preferences and the set-off defence
- Unfair preferences and unperfected security interests
- Unjustified threats of trademark infringement
- Update to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634
- Use of a competitor’s confidential information
- Use of competitors trademarks for comparative advertising
- Useful cases
- Useful commercial, corporate, technology, intellectual property and social media cases
- User posts are advertisements!
- Value shifting in commercial transactions
- Vesting of unperfected security interests on liquidation – register or perish!
- Warning – Facebook trolls ordered to pay $150k damages
- Website blocking orders – what has to be proven?
- What are cooperative marketing funds?
- What are moral rights?
- What are the legal requirements of crowdfunding in business?
- What do Shareholders’ Agreements protect against?
- What entities are eligible for the R&D Tax Incentive?
- What happens if you betray a Scotsman?
- What happens if you die without a Will?
- What if neither party to proceedings takes a step?
- What is a bare trust?
- What is a Case Management Hearing?
- What is a certification trade mark?
- What is a collaboration contract?
- What is a Corporate Governance Framework?
- What is a data breach response plan and how do I get one?
- What is a Family Provision Application?
- What is a Franchise Agreement?
- What is a Joint Venture?
- What is a Mareva Order?
- What is a Norwich Pharmacal order?
- What is a partly-paid share?
- What is a Preference Share?
- What is a registered design?
- What is a retention of title (ROT) clause?
- What is a risk management framework?
- What is a section 293 direction?
- What is a Services Agreement?
- What is a Share Subscription Agreement?
- What is a Shareholders Agreement?
- What is a Software Development Agreement?
- What is a software licence agreement?
- What is a strike out application?
- What is a Teaming Agreement?
- What is a term sheet?
- What is a Testamentary Discretionary Trust and why would I want one?
- What is a trade secret?
- What is a “Confidentiality Agreement”?
- What is an advertising sign-off?
- What is an end user licence agreement?
- What is an exclusive supply contract?
- What is an Incorporated Joint Venture?
- What is an Initial Coin Offering?
- What is an injunction?
- What is defective building work?
- What is Division 293 tax?
- What is in a network access agreement?
- What is my superannuation taxed at?
- What is Securities Hawking?
- What is security for costs?
- What is the Modern Slavery Act 2018 (Cth)?
- What is the proposed ‘patent box’ tax incentive?
- What is the springboard doctrine?
- What is your duty of disclosure?
- What kind of documents can a liquidator get access to and from whom?
- What’s an unfair preference claim?
- When is a company an Australian resident for tax purposes?
- When is a written agreement legally binding – Masters v Cameron revised
- When is your licensee really a franchisee?
- When to complain about defective domestic building work
- Who is an “officer” in business dealings?
- Who owns the code?
- Who Owns Your Tweets?
- Why do we need a Privacy Act Compliance Audit (PACA)?
- Why employers must follow process
- Why employers need a drug and alcohol policy
- Why you should not engage an unlicensed building contractor
- Without Prejudice privilege
- Working with Expert Advisers
- Workplace Bullying by a Body Corporate
- “Approved by ASIC” – a $20,000 problem…
