Data breaches involving individual’s personal, medical and financial/credit information can result in reputational damage and financial losses, particularly where the breaches result in identity theft. The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. The individual may also have claims… Read More
Read moreTweets and Facebook posts and comments capable of conveying defamatory imputations The use of Twitter, Facebook and other social media for marketing and promotional purposes – whether it be the promotion of a new product, the dissemination of news or entertainment services, or the development of a personal or corporate brand – requires careful scrutiny… Read More
Read moreIs Your Business Compliant? The Australian Consumer Law ( “ACL”) [i] provides consumers with rights and remedies against suppliers(including on-line retailers) and manufacturers of goods or services acquired by them that do not comply with consumer guarantees. The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in… Read More
Read moreStephens Lawyers & Consultants – Information Sheet (March 2020) A strong business reputation, is crucial in today’s online and social media environment. Maintaining a good on-line business reputation assists a business in: Maintaining and attracting new customers and business opportunities, Retaining staff and attracting new staff, Increasing market share and growing the business network, Maintaining… Read More
Read moreFranchising is one of the fastest growing business sectors in Australia. There are over 1120 franchise systems operating in Australia, with the number of franchisees estimated to be 79,000 [1]. The United States has had a strong influence on the development of Australia’s franchise industry with major U.S franchisors including KFC, McDonalds and Pizza Hut establishing… Read More
Read moreThe Australian courts have given a very broad interpretation of the definition of “franchise agreement” in the Australian Franchising Code of Conduct resulting in many dealership or reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
Read moreThe Australian courts have given a very broad interpretation of the definition of “franchise agreement” in the Australian Franchising Code of Conduct resulting in many dealership or reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
Read moreBy Katarina Klaric, Principal, Stephens Lawyers & Consultants (Jan 2018) – Recent awards of damages by courts for on-line defamation serves as a warning to all using the internet, that care must be taken to ensure that there is a factual basis for what is published. In Wilson v Bauer Media (2017) VSC 521, Rebel Wilson was… Read More
Read moreKatarina Klaric, Principal, Stephens Lawyers & Consultants Australian courts will award substantial damages for patent infringement where the amount claimed by the patentee can be substantiated by evidence of loss suffered. A patentee can elect to either claim damages or an account of profits.[i] Businesses seeking to launch new products into the Australian market… Read More
Read moreKatarina Klaric, Principal, Stephens Lawyers & Consultants (June 2017) Is your business compliant with the ACCC’s latest 2017 compliance priorities? Australian Consumer Law, Section 23 – Unfair Contract Terms – Applies to most standard form contracts (including on-line contracts) for the supply of goods, services or sale/grant of interest in land, to ‘small business’ which… Read More
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