Insights + Resources

Our original content publications about general law, disruption and transformation, categorised by: Data, Privacy + IP; Digital + Media; and Corporate + Commercial.
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The Director’s Corporate Veil: In 2024, the Emperor Still has Clothes…but it’s no Kevla Vest

Did you know that as a director, you can be personally liable for company debts many years after it has gone into administration, even if you were...

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Corporate Law+ | What Remedies Arise For False Warranties in Business Sales? Part 1

Those who have been involved in negotiating the sale or purchase of a business will be well aware of the careful attention paid to warranties....

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Restraining Employees: How enforceable are cascading restraints under Australian law?

When a company parts ways with their employees, it is typical for the employment contract to contain clauses which restrain the employee from...

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Watch your Standards! $50 million Penalties for Unfair Small Business Contracts

A year ago, the Australian Consumer Law (ACL) was amended to introduce eye-watering financial penalties for standard form contracts that are...

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The PwC Cautionary Tale – Reminders for Handling Sensitive Commercial Information

The recent unauthorised disclosure of inside government information by PwC partners shocked and infuriated the federal Government, and has been...

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SAFE Notes: Are these Once Strange Things Suitable For Your Next Investment?

Once regarded as one of the investment community’s ‘stranger things’, SAFE Notes occupy the twilight zone between the usual binary alternatives...

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Directors IDs: Just how personal is this 15-digit identifier?

Nearly 2.7 million Australian Directors have submitted their personal information to the Australian Business Registry Service to apply for a Director...

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Is SaaS / cloud-based software subject to export compliance rules in Australia?

Software as a Service (SaaS) technologies have disrupted and transformed the way many businesses deliver software enabled products and services to...

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Huge Fines for Businesses with Unfair Terms

With effect from 9 November 2022, new laws came into effect which amended the Australian Consumer Law to introduce very serious penalties for...

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Post Optus Data Breach | Is Your Company’s Data Secure? How to Avoid Serious Harm to Your Business

In September 2022, millions of Australian Optus customers had their data hacked, causing widespread concerns of identity fraud. Optus,...

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Can an A.I. Machine be an Inventor for Patent Registration?

Whether an AI machine can be recognised as an inventor for patent registration purposes raises fascinating legal and social anthropological...

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Corporate Law+ | Electronic Signing – How to Validly Use Cloud Based Platforms

While data and privacy concerns slowed the initial widespread adoption of e-signatures, attitudes have drastically changed towards e-signing and...

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Corporate Law+ | New Directors Must Now Get a Director ID Before Appointment

Prospective company directors are now legally required to apply for a Director Identification Number before they are appointed. The consequences of...

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Corporate Law+ | Company Directors set to get IDs from New Government Watchdog

Australian Company directors will soon be required to verify their identity with a recently formed Government Registrar by applying for a...

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Corporate Law+ | More Evidence of the End For Wet Ink? Victoria Becomes First State to Make Pandemic Reforms Permanent

Victoria has solidified its contemporary stance on electronic signatures and made its pandemic reforms permanent. In this article, we provide an...

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Corporate Law+ | The Return of E-Signatures: Updates to the Corporations Act under the 2021 COVID-19 lockdowns

Highly anticipated corporate law reforms have finally been implemented. In this article, we provide an insight into what the changes are, how they...

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COVID-19+ | Protecting your Business from Cyber Attacks in a COVID-19 World

On 19 June 2020, Prime Minister Scott Morrison announced that all levels of Australian government were targeted by ‘sophisticated state-based...

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Watch your wall: Businesses liable for defamatory Facebook comments – NSW Court of Appeal confirms

On 1 June 2020, the NSW Court of Appeal controversially upheld the Supreme Court’s decision that media companies with Facebook pages could be...

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COVID-19+ Emergency Guide for Australian Businesses (15 May 2020 Update)

As the novel coronavirus (COVID-19) pandemic causes health and social impacts on a previously almost unfathomable scale, for businesses too it is a...

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COVID-19+ What Government Grants can SMEs piggy-bank?

In the last few months, COVID-19 has disrupted tens of thousands of businesses across the country, from large listed conglomerates to sole traders...

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COVID-19+ Emergency Guide for Australian Businesses (17 April 2020 Update)

As the novel coronavirus (COVID-19) pandemic causes health and social impacts on a previously almost unfathomable scale, for businesses too it is a...

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COVID-19+ ‘Stay at Home’ laws set to profoundly impact commercial offices

New laws mean that people in New South Wales must not leave their homes without ‘reasonable excuse’.  A reasonable excuse is not...

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COVID-19+ Emergency Guide for Australian Businesses

As the novel coronavirus (COVID-19) pandemic causes health and social impacts on a previously almost unfathomable scale, for businesses too it is a...

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The Power of the Platform: ACCC Takes Aim at Facebook & Google

In June 2019, the Australian Competition and Consumer Commission (‘ACCC’) released its’ final report from the Digital Platforms Inquiry...

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Watch your wall: Businesses liable for defamatory Facebook comments

A decision in the Supreme Court of New South Wales has paved the way for businesses to be held responsible for publishing defamatory comments by...

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