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....
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. ...
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....
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...
Find out how ‘time is of the essence’ is significant within the legal world?...
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”,...
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....
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. ...
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. ...
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...
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...
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...
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...
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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