Business Law

ACCC fights for fairness for small business

ACCC fights for fairness for small business

What businesses need to be aware of in relation to digital wallets

Technology has dramatically changed the world of commerce and this is especially so when looking at how cash, and even credit cards are losing some of their relevancy with the increased use of the digital wallet. The ease in which a person can tap and go to make a purchase using their smartphones has given rise to a number of issues that businesses need to have an awareness of if they offer such services.

Navigating Australia’s new data breach notification laws

Thousands of Australian small-to-medium-sized enterprises (SMEs) might not be adequately prepared for the Federal Government’s notifiable data breaches scheme (NDBS) that starts on 22 February.

Registering a design of a product in Australia

A lot of time, effort and money is usually dedicated to designing a product, therefore, it’s important that designs are able to be protected by intellectual property laws. When a design has been developed, registration is essential to ensure that your design is protected.

The ins and outs of forming a business partnership

Under the provisions of the Partnership Act (the Act), a partnership essentially symbolises the following:

How to make the distinction between the types of employees your business may be hiring

Employment in Australia may take many forms that can include full-time, part-time, casual or via labour hire arrangements. There are a number of distinguishing characteristics of each type of employment which this piece will outline.  

Is there a second hand market for digital content in Australia?

As music, books, and movies increasingly take digital form, one of the things lost is a second hand market for selling such content. Second-hand markets have long been a feature of consumer culture and the digital age has thrown numerous challenges and the question is, Australia ready? Does a secondary market for digital content exist? It’s a subject area that is worth looking at and which this piece will explore.

Registering a design of a product in Australia

A lot of time, effort and money is usually dedicated to designing a product, therefore, it’s important that designs are able to be protected by intellectual property laws. When a design has been developed, registration is essential to ensure that your design is protected.

The laws against multiple pricing in Australia

When goods are displayed with one price, and the goods supplied are for a price that isn’t the lower price, or not the lowest, or of the displayed price, this practice is referred to as multiple pricing. Section 47(1) of the Australian Consumer Law (ACL) prohibits a person in trade or commerce to supply goods:

Unfair dismissal and casual employees: Some things small business owners should be mindful of

Small business owners will obviously employ a number of casual employees and one of the things that owners should have an awareness of are laws concerning unfair dismissal. Small business owners should be mindful that yes, some casual employees are protected from unfair dismissal provided the requirements outlined in the Fair Work Act 2009 (Cth) (the Act) are met.

Businesses beware: Bait advertising is prohibited in Australia

Australians are pretty fortunate that for the most part, advertisements will be an accurate reflection of the type of product or service being purchased. However with that being said, there may be unfortunate instances where a corporation or person may advertise a service or product that is designed to gain the interest of the consumer, but instead, the more attractive product or service is really a lure to get the customer to purchase another product or service that may be higher priced: this practice is known as bait advertising and is prohibited under the Australian Consumer Law (the ACL).

An introduction to the laws relating to consumer guarantees in Australia

The Australian Consumer Law (ACL) has a number of implied guarantees in relation to business transactions with consumers. The guarantees relating to consumers can be found in Div 1 of Pt. 3-2 of the ACL and when taking a look at the specific laws, there are a number of aspects to consumer guarantee laws that businesses need to have an awareness of.

Sentencing white collar criminals: What are some of the considerations?

The term “white collar crime” conjures up a number of images, but what offences are covered when talking about white collar crime? Also, does a person committing a white collar criminal offence have to wear an actual white collar? In answer to the second question, no, a person does not have to wear a white collared shirt to commit a white collar criminal offence, but other than that, there are a number of elements associated with white collar crime which this piece will explore. 

Business partnerships and third party liabilities

A large number of Australian commercial entities are partnerships that frequently need to deal with third parties and other external entities in the course of business. When an issue of liability occurs, the nature of the partner relationship may dictate that the actions of one person in the partnership impact on the other. Accordingly, both partners must remember that their actions in relation to outside parties may affect all persons involved in a partnership. 

An introduction to employment contracts and confidentiality obligations for small businesses

There are many jobs where employees are privy to confidential information, therefore, it’s essential that there are laws in place that protect an employer against unauthorised disclosure by an employee during, or after the term of employment – especially when talking about highly sensitive information. There are a number of elements in relation to the laws associated with confidential information, however, this piece will primarily focus on the contractual obligations of confidentiality.

What duty of care do Australian employers owe employees?

Due to the fact that the duty to take reasonable care is implied in a contract of employment, the fundamental obligation owed by employers towards employees is to ensure his or her safety. Failure to fulfil the obligation, may be considered as a breach of contract, and may give rise to an action for damages due to negligence in the common law. The High Court in O’Connor v Commissioner for Government Transport (1959) 100 CLR 225 at 229 imposes upon every employer, a duty to take reasonable care for the safety for employees:

What are the laws concerning advertising of “free” products? A primer for businesses

The offer of a “free” item is a powerful selling incentive, and for any businesses who wish to use the offer of a free item as a lure should be mindful of the laws relating to anything promoting a “free” product.

Contact Eddy Neumann Lawyers on (02) 9264 9933 or
by email info@eddyneumann.com.au for clear and expert advice.
You will be directed to one of our experienced lawyers who can assist your needs.

 

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