Dundas Lawyers® software development lawyers advises software developers, large and small, and buyers of software development services on a variety of issues on Software Development Law. We act as advisors to organisations ranging from emerging and dynamic growth companies to ASX Listed entities including those involved in “AI”.
Not only do our Lawyers know the law relating to software development, but we also understand software development itself having run development teams maintaining large complex systems and small server-side applications. What this means is that you’ll have to spend less time explaining what it is that you are trying to do, and we will be able to spend more time explaining how you can do it!
Our software development law services
Our legal services in this area include, for example, drafting, negotiating, and finalising:
- software development agreements:
- agile methodology; and
- traditional methodology;
- consulting agreements;
- escrow agreements;
- click-through performance agreements;
- domain name disputes;
- End User Licence Agreements (EULA) for iPhone, Android and Windows Phones;
- managed services agreements;
- outsourcing agreements;
- Software as a Service (SaaS) agreement;
- software licencing agreements for iPhone and Android;
- software installation, supply, and support agreements;
- systems integration agreements;
- software distribution agreements;
- support agreements;
- terms and conditions of business;
- spam reporting and compliance;
- website terms and conditions of use; and
- website terms and conditions of sale.
The taxonomy of software development contracts
It is difficult to provide a clear hierarchy or set of classes of software development contracts. This is because there are so many different scenarios that apply. That said we consider that the following applies when a developer is a company with one (1) director that is a coder that may or may not be an employee.
Recent videos about software development law by Dundas Lawyers®
Disclaimer
This page contains general commentary only about software development law. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business, to protect its intellectual property or to stand up for your rights. Some of the reasons client’s choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in software development law please phone our team on either 1300 386 529 or 07 3221 0013.
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
Complete the form below and we will respond to your enquiry within one (1) business day from the moment you press Submit.
Software development law enquiry
Legislation
- Competition and Consumer Act 2010 (Cth)
- Competition and Consumer Regulations 2010 (Cth)
- Copyright Act 1968 (Cth)
- Copyright Regulations 2017 (Cth)
- Corporations Act 2001 (Cth)
- Corporations Regulations 2001 (Cth)
- Privacy Act 1988 (Cth)
- Privacy Regulation 2013 (Cth)
- .au Domain Administration Rules: Licensing
Recent insights about software development law
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Misuse of confidential information in source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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Software developer obtains Court order – names behind IP addresses
Justice Burley of the Federal Court of Australia in the case of Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901 ordered that Telstra, within fourteen (14) days, provide to Siemens all documents in its control relating to the identity of certain Telstra Account holders. Those account holders were suspected by Siemens of…
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Australian legislation addresses loot boxes in video games
The Classification (Publications, Films and Computer Games) Amendment (Loot Boxes) Bill 2022 (Bill) has been tabled in the House of Representatives on the 28 November 2022. The private member’s Bill acts in response to growing support for the regulation of features and elements within video games which appear to simulate gambling.
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Implied terms in software contracts – part 2
This article examines the concept of implied terms in software contracts, including the requirements for implying a term, the process of determining implied terms, and examples of implied terms applied in software agreements.
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Software royalties and income tax
Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.
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My client poached my software developers – what can I do?
This article examines how professional service businesses can protect their investment in employees from clients poaching them. It looks at potential clauses such as client agreements, non-solicitation of employees, restraints of trade, confidential information, copyright and more.
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Software patent allowed for tracking user action
A decision by Australian Patent Office provides insight into patentable subject matter for computer-implemented inventions. Case of Facebook, Inc. [2020] APO 19 is a successful example of technical improvement in computer-implemented method, resulting in patentability even with generic computer implementation.
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Software as a service agreement revisited
Discover the legal considerations of commercialising a SaaS (Software-as-a-Service) Agreement as a business model. Uncover the key issues to consider when going to market with a SaaS offering, such as subscription terms, service levels, data handling, intellectual property (IP) in customizations, and more.
Recent Federal Court decisions regarding software development law
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Mokhtari v Piacentini & Son PL [2025] FCA 26
PRACTICE AND PROCEDURE – application for orders for preservation of documents – where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar – where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process – whether likely…
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Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199 (17 March 2025)
PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the…
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Take-Two Interactive Software, Inc v Anderson (No 2) [2024] FCA 1459
COPYRIGHT – circumvention devices – application by copyright owner under ss 116AN and 116AO of Copyright Act 1968 (Cth) (“the Act”) – interpretation of relevant definitions in s 10(1) of the Act – “technological protection measure” – “access control technological protection measure” – “controls access” – whether device, product technology or component requires application…
