Legal considerations that any marketing agency in Australia should consider, including but not limited to: intellectual property, the Australian Consumer law, commercial law and disputes....
If you're a business owner in Australia, then you need to be aware of the tort of passing off – especially with regard to trade mark protection....
There are a range of new workplace laws which have come into effect today as part of the “Closing Loopholes” reforms which amend the Fair Work Act 2009 (Cth) pursuant...
Many small business owners don’t realise that contra deals or barter transactions still need to be treated like any other sale including issuing invoices. Did you know that barter transactions...
Fiduciary duties occur within a private relationship, where one person trusts another person (the beneficiary). These duties require the person in power to prioritise the beneficiary's interests and refrain from...
Fiduciary duties occur within a private relationship, where one person trusts another person (the beneficiary). These duties require the person in power to prioritise the beneficiary's interests and refrain from...
Fiduciary duties occur within a private relationship, where one person trusts another person (the beneficiary). These duties require the person in power to prioritise the beneficiary's interests and refrain from...
If you've received a letter from Pixsy alleging copyright infringement, you're not alone. Many business owners in Australia have recently found themselves in this stressful and daunting situation. Find out...
Explore the steps business owners and accountants must take to ensure a proper transfer of IP during business restructuring....
Explore key legal considerations for osteopaths and ensure your practice remains compliant and informed with our expert insights....
If you're a business owner in Australia, then you need to be aware of the tort of passing off – especially with regard to trade mark protection....
If you're a business owner in Australia, then you need to be aware of the tort of passing off – especially with regard to trade mark protection....
If you're a business owner in Australia, then you need to be aware of the tort of passing off – especially with regard to trade mark protection....
If you're a business owner in Australia, then you need to be aware of the tort of passing off – especially with regard to trade mark protection....
An Employee Share Option Plan (ESOP) is a strategic tool to foster employee engagement and drive business growth. By integrating ESOPs into their business model, companies can enhance employee motivation...
Social media can be a powerful tool for businesses to reach out to their target market. Unfortunately, social media can also be a savage vehicle for defamation. Find out more...
On 9 November 2023, the changes to unfair contract terms legislation as provided for under the Competition and Consumer Act 2010 (Cth) (“CCA”) and the Australian Securities and Investment Commission...
Australian business law tries to support the “little guy”, but whether your business is a small business can vary, and its important to know your rights and obligations. ...
In 2024, all business may need a Privacy Policy and to adhere to the other requirements of the Act. Read on to future proof your business. ...
Advertising via Social Media Influencers has joined the toolkit of smart businesses seeking to popularise products online. The general idea is that, if an attractive person online uses a product...
In the realm of law and justice, various legal tools are employed to maintain order, protect rights, and ensure fairness. One such tool is an injunction...
The principle of "quantum meruit” or a quantum meruit claim can impact your business's operations significantly. ...
Legal proceedings can take various paths, with two common outcomes being dismissal and discontinuance. ...
The IP Laws Amendment (Raising the Bar) Bill 2011 was introduced to strengthen Australia’s IP framework to align it with global standards...
A verbal agreement, also known as an oral agreement, is a spoken arrangement between two or more parties. ...
Tax file numbers unique identification numbers issued by the Australian Taxation Office to individuals and organisations for tax purposes. ...
Masters v Cameron case lies in its establishment of principles that enhance our understanding of the binding nature of contracts....
Number 1: There is a lot to learn and it generally takes 10 years to be really good at something. ...
The jurisdictional limit for small claims proceedings under the Fair Work Act 2009 (Cth) (“FW Act”) increased from $20,000 to $100,000....
Our 'intellectual property in Australia' checklist is a practical guide for businesses, assisting them in identifying and protecting their IP....
Our trademark guide is a resource for businesses looking to protect their intellectual property and establish a strong brand presence....
Our trademark guide is a resource for businesses looking to protect their intellectual property and establish a strong brand presence....
Our guide to business names is for business owners and entrepreneurs, looking for valuable insights into the legalities behind business names in Australia. ...
A report released by the ASBFEO sheds light on Australian SMEs impact in the year 2021-22. Find out more about the power of SMEs...
Our trademark guide is a resource for businesses looking to protect their intellectual property and establish a strong brand presence....
Find out how ‘time is of the essence’ is significant within the legal world?...
In this blog, we discuss everything to do with defamation in Australia. We cover the important information that you need to know. Please read on....
How do you choose and register a business name? In this blog, we discuss the importance of understanding the legalities behind business names. ...
As small businesses grow, disputes can arise between shareholders and may require legal action such as oppression proceedings to be resolved....
Do you really know what sets Solicitors, Lawyers and Barristers apart and what roles they play in the legal system?...
An indemnity clause is where one party promises to compensate another in the event the latter suffers loss or damage in a contract....
AHPRA have introduced rules for advertising in the healthcare Industry - find out how these rules affect how you advertise your services....
A Calderbank offer is an offer made in writing by one party to another in an attempt to resolve a dispute....
Undertakings are a legal promise or commitment to perform an act, which may be legally binding if executed properly....
An offer of compromise is a formal offer to settle proceedings according to the rules of the relative Court. ...
Directors of Australian companies have a legal obligation to ensure compliance with the Australian Consumer Law (ACL) and prevent misleading or deceptive conduct....
Get to know how you can legally advertise your brand on Instagram. Read our 5 key rules for advertising on Instagram!...
A statutory declaration is a signed, written statement in which the declarant (the individual signing) declares the content of it to be true. ...
The fashion industry is governed by an amalgamation of different laws and legal considerations....
Hashtags are commonly used on social media to identify a brand. Check out how you can register a trade mark for a hashtag in our blog....
The Australian Design Act 2003 (Cth) governs the registration of standard and innovative designs in Australia....
In Australia, a Next of Kin is determined by referring to the closest living blood relative or spouse of an individual....
A benefit of a liability waiver is that it helps to limit potential risks of a product or service and of liabilities a business can face....
Here's a case summary of Taylor v Killer Queen. Applicant (Taylor) designed and sold clothes under the brand name ‘KATIE PERRY’ in Australia. ...
Seeking professional advice and guidance can help ensure that all legal requirements are met and your business is established and operated correctly....
A recent Federal Court decision has considered the issue of whether a trademark can be registered in the name of a company’s sole director and shareholder....
Pay secrecy clauses are provisions contained in employment contracts or other industrial instruments that prohibit employees from discussing their salary pay and benefits, employment terms or conditions related to their...
Before you start printing business cards and ordering merchandise, it's vital to conduct a clearance search for your chosen mark. ...
Moral Rights protect the personal relationship between a creator and their work even if the creator no longer owns the work, or copyright in their work....
If you create works of artistic craftsmanship, it may be increasingly difficult to ascertain exactly what IP rights you have in a work....
An Employer’s Duty of Care is an important legal concept that employers must comply with to ensure the health, safety, and well-being of their employees in the workplace....
Businesses can suffer serious financial and reputational harms from privacy breaches and they can happen easily....
A cease-and-desist letter is simply a legal tool used to protect a company's intellectual property or to resolve a dispute. ...
Often in Unfair Dismissal matters, the first step of the dispute resolution process will involve conciliation. ...
There are two words that you will encounter regularly in business - “private” and “confidential.” ...
Both designs and patents are intellectual property rights, providing a legal shield against other traders trying to profit from your idea and investments...
Owners of International Trade Mark Registrations are now strongly advised to appoint a local address for service to their overseas trade marks as soon as possible. ...
In Australia, businesses are identified by two different numbers - an Australian Company Number (ACN) and an Australian Business Number (ABN)....
A trade mark can protect any distinctive sign, symbol, word, or phrase that is used to identify and distinguish the goods or services of one business from those of another....
Understanding these considerations can help town planners to operate their businesses with confidence and minimise their exposure to legal risks....
Civil litigation is the process of resolving disputes between individuals, businesses or other organisations, through the Courts in Australia. ...
Trade mark classes are categories that are used to classify different types of goods and services that are associated with a particular trade mark. ...
Litigation and arbitration are two distinct methods of resolving legal disputes. While both involve a process of adjudication, there are several key differences between the two. ...
In Australia, litigation can be a complex and expensive process, but it is often necessary to protect your rights and interests or that of your business. ...
If you're thinking about starting an ETSY store, it's important to understand the legal considerations involved. While there is no formal requirement for sellers to register their businesses on platforms...
In March 2021, Mariah Carey attempted to trademark “Queen of Christmas,” submitting to the US Patent and Trademark Office (USPTO)....
A Concerns Notice is a formal document that outlines concerns about potentially defamatory statements that have been made about an individual or an organisation. ...
Contracts are an essential aspect of any business transaction, serving as a legally binding agreement between parties involved....
The Doctrine of Laches and Acquiescence is a legal principle that operates as a defence against a legal claim....
A trade secret is confidential information that is not generally known to the public and that provides a competitive advantage to a business. ...
Both Terms and Conditions and Disclaimers play a vital role in the minimisation of risk by protecting your company from legal liability....
The Amazon Brand Registry is a program that provides a set of tools and services to help brand owners protect their trademarks on Amazon. ...
In this article, we'll discuss how you can go about recovering debt in Australia, and what the best course of action may be for your particular situation. ...
In this post, we explore the key elements of a Master Services Agreement and provide some tips on how to draft one for your business....
Exclusivity clauses are common in a range of commercial agreements and contracts, including franchise agreements, marketing contracts, distribution agreements and more. This guide will explain the basics of exclusivity clauses,...
Are you selling software as a service or product? Whether it's a business solution or an entertaining game, having an written End User Licence Agreement (EULA) with your customers is...
If you are a business owner or a lawyer who is advising a client that may be unsure of how to execute Company legal documents properly, it is imperative that...
The future application of AI is tremendously exciting but has the potential to be legally disastrous, especially in the copyright sphere. ...
Trade marks are a powerful tool for every business owner, but can lose their value over time if not effectively used and used consistently. What exactly is “trade mark genericide”,...
A CAD (Computer-Aided Design) file is a digital representation of a 3D object. As an architect, designer or engineer, you may use CAD files to illustrate projects, create prototypes or...
Sydney born “indie / electronic dance” music group, originally known as Rüfüs, demonstrates the common curse of musical artists and business owners alike: potential trademark infringement....
One of the best ways to build and maintain your online reputation is by registering a “.au domain name”. That way, your customers will know that your website is official...
When considering registering a trade mark or design for your business in Australia, it’s important to understand the difference between the two different pieces of intellectual property. ...
Pricing regulations provide a standard for product pricing. It ensures consumers, retailers and manufacturers that fair selling and buying exists in the market. This is why manufacturers need to set...
Trade marks are a valuable form of intellectual property. They can be used to protect your brand, and they can help to distinguish your products from those of your competitors....
The deadline to apply for a Director Identification Number (also called Director ID or DIN) with ASIC is Wednesday 30 November 2022. That is for those directors that were appointed...
E-commerce businesses are constantly facing new legal challenges as the industry evolves rapidly with new technologies, online systems and compliance arising every day....
As a Recruitment Agency, having a replacement guarantee in your contract or Recruitment Terms of Business means that you will need to find a replacement candidate at your own cost...
Understanding the common myths about trade marks and understanding the truth can help you make the most of your potential trade mark protection and steer clear of any costly trade...
In the world of business, logos can play a vital role in establishing a company’s identity. It can become synonymous with the brand and even sometimes as valuable as the...
In 2010, Australia introduced the National Registration and Accreditation Scheme (NRAS), making legislation governing health practitioners consistent in all Australian states. ...
Domain names are a vital part of any business and a priority for any start-up. You can’t have a website without a domain name, and a website will enable you...
Since 1986, the .com.au has been the domain extension of choice for Australian based websites, and as of 2020 almost 90% of Australian based websites use this extension. ...
What are Legal Documents and why are they important for your business? In this blog, we discuss the importance of having your legal documents in order. ...
Applying to register a trade mark is one of the first steps towards protecting your brand in Australia and overseas, but it's by no means the last. ...
That question is currently underway in the NSW Federal Court as part of an ongoing trade mark battle between Australian fashion designer, Katie Taylor, and American pop singer Katy Perry. ...
Non-fungible tokens (NFTs) are quickly taking over the digital artwork landscape. Since their emergence in 2015, they have grown to one of the largest internet trends this year, with the...
Most business owners will initially receive advice from their accountant that a good time to incorporate is when they reach a certain magic number either in terms of total revenue...
A trade mark is used to distinguish your goods and services from those of another business. You may register a business name, a logo, a tag-line, or anything you use...
A defensive trade mark application is usually filed in relation to goods and services unrelated to the mark of the owner (or that the owner is unlikely to use at this stage). ...
If you've created something new and unique that moves, which you're using as a "badge of origin" for your business, then it might be capable of being registered as a...
Progressive Legal interviewed by Ticker Progressive Legal interviewed by Ticker - Shifting Legal Strategy, with Ian Aldridge Read the transcript of this interview below: Interviewer: Covid-19 could not have come at a worse...
There have been several articles circulating in relation to IP Australia increasing its fees. This is not as worrying as it may sound!...
The stimulus package covers the following three main areas: Supporting individuals and households, supporting businesses and supporting the flow of economic credit. This summary will focus on the aspects of the stimulus...
As you are probably very well aware, the Coronavirus (COVID-19) has now hit the Australian mainland with a few cases now being reported across random parts of Australia, in some...
With COVID-19 causing major disruptions to businesses and rendering performance of certain contractual obligations almost impossible, businesses are needing to turn to their contracts or terms and conditions to seek...
Every 1st of July comes with a change in rates. If you have employees it's time to check your rate and make sure you're in line with the new minimum...
Watch our 30 min webinar with Carla Vinciullo, Senior Workplace Lawyer, and Clare Mould, Senior Commercial Lawyer, talking about legals for beauty salons!...
Web development is still a largely unregulated industry so how do you know where you really stand? More and more, small businesses are having to compete with larger businesses in...
What business structure to follow? In the beginning, you will need some structural advice to start with. Either start out as a sole trader or incorporate straight away. If there is more...
Casual, part-time, full-time? What should you start with when it’s time to begin hiring? It's always difficult when starting up to know when is the right time to start hiring casual/part-time/full-time...
Even if your team member is a contractor you may still be liable for contributions such as super or leave entitlements. When engaging a new worker it is important to consider...
Partnership disputes are so much more easily resolved and agreements reached if there are strong and legally binding partnership agreements in place. Entering into a formal, written Partnership Agreement from the...
Running online competitions? Make sure you have the right permits in place and follow the gaming regulations for your state. We all know that running online competitions (for example on Facebook...
If external suppliers are critical to your business, it’s vital you know how to deal with them. From a legal perspective, a lot of businesses get in hot water when...
If you’re engaging a new web developer, be prepared to throw everything away and start again For the majority of us, we’ll need to engage the services of a web developer...
A business partnership is just like a marriage, be very sure before you commit. At the start of a business opportunity, the rose coloured glasses are on, the outlook is bright...
Business insurance is vital particularly in the areas of liability - don’t leave yourself vulnerable! Business insurance is a considerable element of protection. It's a security against the many risks of having...
Unpaid invoices can make or break a business where cash flow is king. Debtor management is a vital part of operating a small business - check out these top tips...
Dealing with overseas entities is commonplace but is not without risk or pitfalls. When contracting with overseas entities, it’s very common for people to assume that the same commercial practices...
Great marketing tools but make sure your vouchers and discounts cover all the terms and conditions. Offering your customers and clients an option to use gift certificates, vouchers and discounts can...
Defamation is becoming more prevalent with the rise of social media. Defamation is a topic we get many questions about. With the explosion of social media and the use of review...
Partnerships and joint ventures can be great for your business, but they must be carefully considered from the beginning to cover all eventualities A Joint Venture is actually like starting a...
Do you know your site ownership rights when dealing with web companies? A website is a vital tool for all of us these days. But, unless you’re in the business of...
If you end up in a serious dispute with a website developer – you need to act fast. Keep records Firstly, preserve any evidence by way of screenshots. Save copies of any...
Debtor management is a headache for many small businesses, getting the right systems are in place can limit overdue of invoices. Cash flow is the life-blood of a business. If the blood...
Just because you change something by 10% doesn’t mean the content is now yours. The presumption is: if you create it, you own it. For the reason that copyright automatically applies...
The Progressive Legal team take you through a quick-fire webinar on the ins and outs of unfair dismissal and how to protect yourself from claims. Have staff? Then you cannot afford...
What do Scuba Diving and Business have in common? In scuba diving, they call it decompression. I think it also applies in business. When your body is under a lot of pressure at...
Many employers are of the view that securing a resignation from an employee is much better than terminating their employment. Whether you are an owner or an employee, you may have...
Accounting firm found guilty of involvement in underpayment of a client’s workers. Don't do it! Contact Progressive Legal today! If you are a bookkeeper or an accounting firm who helps clients...
Unpaid interns – don’t fall into the tank! The Fair Work Ombudsman (FWO) is continuing to crack down on start-ups and small business owners who are choosing to characterise employees as...
Hiring interns or trainees, why should you seek legal advice before you do? Hiring interns and trainees is a strategy often used by small business owners and start-up entrepreneurs. Firstly, it can keep the...
Check out the five-step process in a workplace investigation! In workplaces big and small, there will sometimes be a need to carry out an investigation into the conduct of an employee...
Did you know about the excessive surcharge ban? Progressive Legal has you covered. An excessive surcharge ban came into effect. If you’re taking EFTPOS or credit payments from customers, make sure you’re...
As a small business owner, it’s your responsibility to ensure that you’ve taken all of those responsible for social media management through your processes, procedures and outlined an enforceable code...
The Fair Trading is introducing new gift card laws that will only apply in NSW. We recommend you review your current terms and conditions. There’s no doubt that gift cards are...
The main thing to keep in mind is that just like all property, IP is worth protecting in some way. Intellectual Property (IP) protection can in some instances be the greatest...
When is the right time to consider getting an overseas Trade Mark? Talking today about overseas trade marks for Australian businesses....
Getting registered protection in New Zealand is actually very affordable, fast and effective way of protecting your intellectual property. Today talking about registering trade marks in New Zealand....
You can only sue for Trade Mark Infringement, if you've got a registered Trade Mark. We're talking today about trade marks and how important having a registered trade mark is for...
Your brand is your biggest asset, so it's vital to make sure you take proper steps to protect it against someone in the market who can use your brand name...
A lot of businesses are getting into business with the ultimate goal of potentially selling. It's really important to have a registered Trade Mark if you intend to sell your business....
We can do a number of checks, and just make sure that it's all clear before you file for a trade mark on your own. If you've come up with a...
Having lots of registered trade marks can be hard to manage. If you've got a lot of registered trade marks on the IP Australia register or even internationally as well, it...
More often than not, it doesn't necessarily come from external threats. Today talking about the threats, internally and externally to a business for their intellectual property and what are the most...
How to prevent others from copying your brand or business idea? Check out why trade marks and social media handles are a great way to protect your brand. If you find somebody...
A business insurance may not be enough to protect your business from legal risks. Talking today about the legal risks of a business, and I've got an analogy that I like...
Don't wait to have someone asking for a refund or acting inappropriately at your event to get your Event Terms and Conditions sorted! When drafting Event Terms and Conditions, it’s essential...
It's not as expensive as you might think...
Captivating Heading Using H2 Tag Add Two lines outlining what this content is about, who it is written for (target audience) and the benefits to the reader. You could also add...
Did you think about having your Commercial Lease reviewed by a lawyer? A commercial lease is a binding contract between a landlord (lessor) and a tenant (lessee) which gives the tenant...
The Australian Business Register explained Founder and Principal Lawyer, Ian, takes you through the basics of the Australian Business Register. This 'how-to' video will show you how to search for a...
The Headstart Application process that IP Australia offers is fantastic. It's an absolute no-brainer decision when it comes to applying for a Trade Mark. Check out the five key reasons below.
So, you’ve just formed a company, maybe on your own, or with business partners or family. But do you know what you obligations are as a director?...
Preparing a shareholders agreement at the start of an exciting new joint venture can be the last thing you are thinking about but it’s so important to get this in...
Forgetting, or neglecting, to formalise a shareholders agreement can lead to costly situations that see you losing equity you have put up into your new business. The following is fictitious case...
Most business owners will initially receive advice from their accountant that a good time to incorporate is when they reach a certain magic number either in terms of total revenue...
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