Are you ready for the new Anti-Money Laundering regime?
Anti-money laundering (AML) laws are aimed at identifying, preventing and reporting suspicious financial transactions. Australia’s Anti-Money Laundering and Counter-Terrorism Financing regime (AML/CTF regime) provides the framework for businesses to help deter, detect...
Genericide: from brand to broad
Registering your trade mark is just the beginning of protecting your intellectual property rights in that trade mark. The trade mark itself must continue to function as a “badge of origin” distinguishing your business and brand in the wider market. Whilst creating a...
Protect your brand, protect your business
Intellectual Property rights are one of the main drivers of innovation, creativity and business growth, and are rising even further in importance as consumers increasingly rely on their perception of a brand to make purchasing decisions. In fact, the significance of...
A bank needs security: why don’t you?
Australia continues to resist falling into "technical" recession - measured as two consecutive quarters of negative growth - and unemployment remains logic-defyingly low. However, our small and medium business clients are telling us that these are tough times. This...
How to protect computer implemented inventions
With the constant development and advancement of digital technologies, we often get asked how computer implemented inventions (CIIs), processes and business systems can be protected. Whether or not CIIs are patentable subject matter is widely debated even by the...
The new balance between big and small businesses
As previously discussed in our piece: Unfair Contracts, Resetting the Balance Between Big and Small Businesses, new laws have been passed (effective as of 9 November 2023) that prohibit the use of "unfair contract terms" in standard form small business contracts....
Planning for the loved ones left behind
We have all heard the saying “You can’t take it with you” and you certainly can’t control your money from the grave. You can of course make arrangements through the making of a Will during your life that will ensure that when you die, the NSW Supreme Court will make...
Can a contract curtail freedom of speech?
This year saw a high profile court case between former Network Ten political editor, Dr van Onselen, and his former employer Network Ten, over a non-disparagement clause that formed part of an agreed employment settlement Deed of Release upon completion of his tenure....
Protect your business against customer insolvency
Recent statistics released by ASIC show that 7,942 Australian businesses entered into external administration during the 2022-23 financial year. This represented an increase of nearly 50% compared to the previous year, and one that was particularly felt in the...
How to create and protect the goodwill in your business
Goodwill has a long history in case law in Australia and the Commonwealth legal system. In IRC v Muller & Co Margarine Ltd (1901) AC 217 at 223 - 224, Lord MacNaghten described goodwill: "What is goodwill? It is a thing very easy to describe, very difficult to...
The importance of being permanent
If your home is the only property you own, land tax will never trouble you – mostly! Sometimes, however, it goes wrong. It did for our clients Ben and Teresa, as you will see below. What is the Foreign Owner Surcharge Land Tax? The foreign owner surcharge land tax was...
The importance of estate planning for all
In 2017 the right to marry in Australia was no longer determined by sex or gender. However although marriage equality was achieved, there are still many circumstances in which the LGBTQIA+ community continues to experience unique challenges from a legal perspective....
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