Law Society Warns Against Will Kits

Written by rouse_admin on August 23, 2017

The Queensland Law Society has issued a warning against do-it-yourself will kits:

“A large percentage of Australians believe that filling out a will kit from their local news agency or downloaded from the internet, will cover them when they pass away. Decades ago that might have been true. But in a modern complex technological world, it is not.

Gone are the days where people simply had a house, a car and a few dollars in the bank. Once upon a time a will

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Franchise OR LICENCE?

Written by rouse_admin on August 23, 2017

This Article was previously published in the July/August print edition of Franchise Business Magazine.

If it looks like a duck, walks like a duck and quacks like a duck, it probably is a duck. The same reasoning can be applied to whether a licence agreement constitutes a franchise agreement – it is a matter of substance over form.

Both licence agreements and franchise agreements can grant people the right to use intellectual property, including trademarks, brands and a business system.

There are differences between

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“NO REFUNDS” CLAUSES UNFAIR

Written by rouse_admin on August 23, 2017

Businesses must take care to ensure that standard form contracts, such as terms and conditions or terms of trade, are not considered ‘unfair’ pursuant to the Australian Consumer Law (ACL).

The case of Ferme v Kimberley Discovery Cruises Pty Ltd involved a cruise ship operator and a category 4 tropical cyclone.

Shortly before the cruise was to depart, the cyclone struck and the operator was forced to cancel. It then attempted to enforce the following term in its standard form contract to

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DOING THESE 3 THINGS WILL REDUCE YOUR LEGAL FEES

Written by rouse_admin on June 28, 2017

1.    Come prepared

Ideally, before a meeting, you will have discussed with your solicitor what you might need to bring. In addition to this, you should have in your mind a clear idea of the things that need to be addressed. For example, if your meeting is to discuss a dispute:

Prepare a timeline of the relevant facts and email it to your solicitor before the meeting
Bring with you any documents that might be relevant (such as contracts and emails)

Coming prepared with

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Let’s NOT ‘shake on it’

Written by rouse_admin on June 28, 2017

The handshake has existed in some form or another for thousands of years – popular theory is the gesture began as a way of conveying peaceful intentions and demonstrating the hand holds no weapon.

For many people, a handshake now means, ‘we have a deal’.

The problem with a handshake deal is, even if everyone has good intentions, there’s no way to ensure all parties are on the same page. Often when handshake deals go wrong, it has nothing to do with

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ARE YOUR TERMS & CONDITIONS WORKING FOR YOU?

Written by rouse_admin on June 28, 2017

The first line of defence against debtors is a strong set of terms and conditions.

Simply put, if you don’t have great terms and conditions, you are putting your business at risk. When terms are not clear, misunderstandings can arise, and clients go back on their word.

It is crucial for every business to use terms and conditions that:

1.    are enforceable (and current); and

2.    protect your business, and it’s cash flow to the fullest extent possible.

Great terms and conditions will include things

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Privacy Awareness Week

Written by rouse_admin on May 16, 2017

Each year, the Office of the Australian Information Commissioner (OAIC) holds a week of events to promote privacy and encourage best practices by companies and organisations on how they can keep your personal information safe.  Each year has a different theme: This year, the focus of the week is “trust and transparency”.

“This Privacy Awareness Week (PAW) we explore privacy through the theme Trust and Transparency. This speaks to the consumer and community trust that flows to organisations who handle personal information

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Data Security – Show Pony Group Pty Ltd v Black Swallow Boutique Pty Ltd & Ors

Written by rouse_admin on May 9, 2017

Show Pony Group Pty Ltd (“ShowPo”) has settled a dispute with competitor Black Swallow Boutique Pty Ltd (“Black Swallow”) and two individuals, Mr Alexander Baro (chief executive of Black Swallow) and Ms Melissa Aroutunian (a former graphic designer for ShowPo), over the alleged theft of ShowPo’s contact database.

The case highlights the risks of unauthorised use and disclosure of confidential information. It also reveals that sometimes the greatest threat comes from within.

Details of the ShowPo case

ShowPo, a hugely popular online women’s

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Contracts in a leasing transaction

Written by rouse_admin on April 18, 2017

If you’re a prospective tenant or landlord entering into a leasing transaction then it’s likely that you will be asked to sign a number of different documents. It’s important to understand the differences between each document and how they interact in order to determine which is appropriate for your situation.

Offer To Lease

The first document you’ll commonly be asked to sign is an Offer To Lease. This document is normally prepared by a property agent and sets out a few pages

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Mundine/Green Facebook Live Copyright Controversy

Written by rouse_admin on April 4, 2017

In February 2017, the much anticipated Mundine/Green fight took place.  This long-awaited match was expected to be an intense fight between two rivals, however, Australias received more than just one fight when a dispute over copyright emerged between Foxtel, the official broadcaster, and two Facebook users.

It is alleged, that approximately 300,000 people viewed the fight via Facebook’s live-streaming service when the two men streamed the fight through their Facebook accounts.  Foxtel, being the official broadcaster, alleges that the streaming of

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