By Peter Karcher and Elle Zhang Winter in Australia is fun. You pack up your snow gear and off you go to the winter wonderland. You are having the time of your life; sashaying down the slope with your new gear has made you temporarily forget about your problems and...
What is consequential loss and how do I deal with it in my contract?
You lose a lucrative contract as a result of your supplier’s failure to meet its contractual obligations to you. You terminate your contract with the supplier and look to recover the profit you would have earned under the lost contract from the supplier but, oh no,...
How can you avoid unfair contract terms?
By Brad Vinning and Ruby Mackenzie-Harris Business is booming, however... Have you heard about Prospa? This startup shot to Australian Financial Review fame in early June this year. It is an online lender which offers unsecured business loans to small businesses which...
7 steps to comply with the EU’s General Data Protection Regulations
By Ruby Mackenzie-Harris and Brad Vinning Did you know that if your business uses or collects the data of customers, clients or users who reside in the European Union, you will have to comply with the EU’s new General Data Protection Regulations (“GDPR”) as of 25 May...
The New Digital Era: Blockchain, Cryptocurrency, and ICOs – Part 3
By Brad Vinning and Ruby Mackenzie-Harris THE LEGAL AND REGULATORY ASPECTS OF BLOCKCHAIN AND ICOS After reading Parts 1 and 2 you should have a basic understanding of how blockchain works, and the purpose it serves in recording and facilitating peer-to-peer (P2P)...
ANNOUNCEMENT: ClarkeKann’s Corporate & Commercial Team Named in the 2018 Doyle’s Guide
We are pleased to announce that our Corporate & Commercial team, in particular, our Partners John Toigo and Brad Vinning, have been featured in Doyle’s Guide among Queensland’s leading corporate and commercial lawyers for 2018 in the following categories:...
The New Digital Era: Blockchain, Cryptocurrency, and ICOs – Part 2
By Brad Vinning and Ruby Mackenzie-Harris WHAT IS CRYPTOCURRENCY USED FOR? There are plenty of uses of cryptocurrencies, many of which have nothing to do with the sordid affairs of the dark web. Cryptocurrency can be used for purchases in the real world, as a...
The New Digital Era: Blockchain, Cryptocurrency, and ICOs – Part 1
By Brad Vinning and Ruby Mackenzie-Harris Now that cryptocurrency mania is all over social media, and even entering mainstream media content, most people will have heard of “Bitcoin”. Bitcoin is a form of “cryptocurrency”, an entirely digital form of currency the...
The Pinterest Trade Marks Wars
For those of you who are not familiar with Pinterest, it is an online pin board service where users can collect images, webpages, and product links from across the net and virtually “pin” them for later reference. Although Pinterest is free to sign up and use they...
SaaS Agreements: The Essential Legal Guide
Software as a service agreements explained without the sass PICTURE THIS: Sam has created a great new SaaS product and has found some early customers who are equally excited but his solution. These same customers have all asked Sam for a copy of his standard SaaS...
PayPal sues Pandora for ripping off its logo design
Did Pandora Radio steal PayPal’s logo in a feeble attempt to attract its visitors? Or was it just a mere coincidence? The premise behind trade mark laws is to permit companies to utilise unique identifies such as branding in order to distinguish themselves. The...
Welcome Relief for Equipment Hire Businesses: The Definition of a "PPS Lease" is Changing!
On 11 May 2017 the Senate passed the Personal Property Securities Amendment (PPS Leases) Bill 2017, which will see changes being made to the definition of a “PPS Lease” under the Personal Property Securities Act 2009 (“the Act”). The changes will come into effect once...