Business & Commercial Law

CATEGORIES
Is contract termination on insolvency clause still enforceable? With recent changes to the Corporations Act 2001 the so-called ‘ipso facto’ clauses are only enforceable with court approval in the insolvency context.

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Are you sure your toddler’s snacks are healthy? ACCC successfully prosecutes misleading or deceptive conduct claim for sugary snack food. The health benefits of SHREDZ were misleading, particularly given the product was made up of almost two-thirds sugar content.

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Notifiable data breaches: do they affect your business? On 22 February 2018, new laws in respect of notifiable data breaches take effect altering the Privacy Act 1988 (Cth) (‘Privacy Act’) to impose additional obligations on businesses it impacts (‘APP Entities’).

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Bill Shorten attacks income splitting through discretionary trusts Federal Labor leader Bill Shorten announced his plans to crack down on high net worth individuals who utilise discretionary trusts for tax minimisation purposes.

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US property valuation app lawsuit sends warning signal to Australian property market A US private home owner, who also happens to be a real estate lawyer, recently took online property database company Zillow to task over estimates that have allegedly obstructed the sale of her home.

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Waters for Pirate Websites Shrinking The Federal Court issued website-blocking injunctions under section 115A of the Act against Telstra and many other Australian carriage service providers that requires them to take reasonable steps to block their customers’ access to foreign online locations and URLs that allow them to illegally stream content.

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How much can charity directors and employees be paid? According to the Australian Charities and Not-for-profits Commission (‘ACNC’) Australia currently has approximately 54,000 registered charities across a range of diverse sectors (such as education, welfare and the environment).

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Can Ex-Employers Control What You Say On Social Media? While social media was once just a way to connect with friends and relatives, over time it has evolved to include capabilities used by professionals and employees for business purposes.

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Is your security interest registered correctly on the PPSR? In OneSteel Manufacturing, the Supreme Court of New South Wales recently clarified the requirements for security interests registered on the Personal Property Securities Register (‘PPSR’).

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Is your short term hiring lease still protected on the PPSR? The Personal property Securities Register (‘PPSR’) registers security interests over personal property, which essentially translates to any property that is not land or a fixture to land.

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Jail Sentence for Online Store Operator Former operator of online stores Electronic Bazaar and Dream Kart, sentenced to 3 months imprisonment for failing to comply with court orders made against him in 2015.

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Your end of financial year obligations as a franchisor As the new financial year begins, it is an essential time for franchisors to ensure they are aware of their obligations under the Franchising Code of Conduct (‘Franchising Code’).

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