Business Law

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.

Intellectual property and business websites: Protecting your property

First, elements such as the images, multimedia files (e.g. MP3 files and video attachments) and the text used in a website can be protected. However, unless you developed the website yourself, it may be the developer who ultimately holds the copyright for the design. 

What are the necessary requirements of a company constitution?

We’re all familiar with the fact that constitutions tend to be the leading set of rules which forms the basis of how an entity operates. Nations require constitutions and since 1998, so do Australian companies, with legislation mandating that companies needed both a memorandum of association and articles of association.

Things to be mindful of before entering into a commercial lease

Most people who sign a residential lease will easily understand what they’re signing up to, as well as the associated rights and obligations. Commercial leases are no different in that the terms of the lease must easily understood and that all of the essential elements of the agreement must be outlined in the lease. If you’re about to sign a commercial lease, there are fundamental conditions in a commercial leasing agreement that should always be evident in order to ensure that you are protected in the event that an agreement has gone awry.

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