Sustainability, Ethics and Business
As environmental concerns intensify and consumers demand ethical ways of doing business, we expect to see some more legal regulation. An example is the Modern Slavery regime which we have …
Preference Claims – keeping the money
If a company you are doing business with goes into external administration (administration or liquidation) then all of your transactions in the preceding months (or even years) go under the microscope …
Gift Cards – the gift that may never give
Gift cards have solved a gift crisis with great ease countless times. It’s better than giving cash, right? Maybe not, as was recently highlighted by the appointment of administrators to …
Credit Management – getting paid
Credit management is not an easy business and it has more than its share of bear traps. It can also be an uncomfortable start to a business relationship, signing up …
Digital Signatures
We described the ‘electronic signatures’ in our blog on 20 August 2015: documents that are signed electronically rather than in hard-copy form. ‘Digital signatures’ are another emerging form of signature …
Is isolated DNA patentable?
A patent is a right granted for a device, substance, method or process that you have invented which is new, inventive and useful. This differs from a trademark, which is …
Insolvent Trading and Directors’ Liability
Trading during insolvency can have serious consequences for directors due to duties arising under the Corporations Act. Penalties such as heavy fines and imprisonment may apply. To prevent insolvency trading, …
Can employment be terminated for use of Facebook?
The law about unfair dismissal for social media use is still emerging. Several recent cases show that using Facebook, Twitter or other forms of social media excessively at work or …
Electronic Signatures
Until recently, all executed contracts were produced in hard-copy and signed by hand. Many businesses and individuals now embrace a ‘paperless’, digital approach to conducting business. Examples include ‘click to …
Employees vs Contractors
Sometimes, people choose to work as Independent Contractors rather than Employees as it suits them to have the flexibility that being an Independent Contractors provides. Independent Contractors are not part …
Email Footers- Worth the Trouble?
Almost every organisation now provides in the footer of their correspondence a small disclaimer, provided to protect the organisation from any liabilities. But how legally enforceable are these disclaimers, really? …
Can you infringe a trademark with your SEO tag-lines?
SEO (Search Engine Optimization) tag-lines are used by companies to become more visible to customers searching for their services online. The courts have recently considered this question. The company Lift …