Insights

Are online contracts enforceable?

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...

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How-to crowd fund: Q&A with Xinja’s CEO

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...

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Jail time and seven figure penalties for WHS breaches

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...

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Who gets a slice of the IP pie? Pitfalls of owning IP jointly

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...

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How to protect your investment in a joint venture

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...

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The great escape: can the guarantee you signed be enforced?

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,...

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