Insights
Are online contracts enforceable?
By Ruby Mackenzie-Harris and Brad Vinning Do you have a website or app through which you sell goods or services? We have all accepted terms and condition online in one form or another, but as a website owner have you questioned whether they are all enforceable, or is...
How-to crowd fund: Q&A with Xinja’s CEO
By Kate Gardner and Suzette Caldaroni Last year Australia passed legislation to allow certain companies to access crowd-sourced funding (CSF). The CSF regime allows companies to raise funds from retail investors, the so-called ‘mum and dad’ investors, of up to $10,000...
Jail time and seven figure penalties for WHS breaches
By Ben Keenan and Mitchell Teasdale March 2018 saw the Queensland Supreme Court deliver judgments against employers in two major work health and safety proceedings. A jail term in one, and a million dollar damages award in the other underscore the importance of having...
ANNOUNCEMENT: ClarkeKann’s Property Team Named in the 2018 Doyle’s Guide
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2018 in the following categories: Recommended Leading...
Who gets a slice of the IP pie? Pitfalls of owning IP jointly
In an increasingly interconnected world where “collaboration” is a buzzword, jointly created intellectual property (IP) will become more commonplace. It may sound like a good idea at the time to say everyone involved in the collaborative process gets a piece of the...
How to protect your investment in a joint venture
Often a land owner or developer will need capital or funding of a development and they will look for an investor to come on board as a joint venture partner to fund the development and share any profits. This was the case in the New South Wales Supreme Court decision...
Security of Payment Amendments to Commence on 1 July 2018 – What it means for the Industry
This article was amended on 24 May 2018. In late 2017 the Queensland parliament passed the Building Industry Fairness (Security of Payments) Act 2017 (Qld) (“BIFA”) which substantially alters Queensland’s security of payment regime. In addition to the introduction of...
The great escape: can the guarantee you signed be enforced?
Personal guarantees are extremely common. Chances are, one day you’ll be required to sign one –perhaps as a company director, or maybe as a parent when helping your child obtain finance for their first home. Often such guarantees are provided without much thought,...
The expanded definition of Influential Person – will it have unintended consequences?
The Queensland construction industry saw increased regulation in 2017. With the industry focused on the “big ticket” items, being non-conforming building products, the changes to BCIPA and project bank accounts, the expansion of the definition of “influential person”...
Five practical things you need to know about Mandatory Data Breach Reporting
After 10 years and numerous Federal Governments Australia has finally caught up with the rest of the world in terms of mandatory data breach notification (the US first introduced mandatory data breach reporting over 15 years ago). To mark the commencement of the laws...
ClarkeKann’s John Toigo featured in QUT Faculty of Law Alumni Spotlight
As published on the QUT Faculty of Law website on 21 February 2018. The original article can be viewed here. Since graduating with a Bachelor of Laws in 1984, John Toigo has journeyed to Chairman of ClarkeKann Lawyers and leads the firm's Corporate Transactions &...
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)...
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