by Katarina Klaric, Principal, Stephens Lawyers & Consultants Publication of defamatory comments on websites and social media and business networking platforms such as Facebook, twitter, Instagram and LinkedIn are becoming increasingly common and are causing devastating harm to both personal and business reputation and business losses. Some of the defamatory material published is of such… Read More
Read moreFRANCHISING IN AUSTRALIA Franchising is one of the fastest growing business sectors in Australia. There are over 1160 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… Read More
Read moreTweets capable of conveying defamatory imputations The use of Twitter 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 to limit the risk of exposure… Read More
Read moreDefamation is a common law tort governed by the Uniform Defamation Laws enacted across Australian States and Territories in 2005 and 2006. Under the Uniform Defamation Laws a publication will be defamatory if the published material has consequences of: 1. Exposing the person to ridicule; or 2. Lowering the person’s reputation in the eyes of… Read More
Read moreThis update covers: Competition and Consumer Act amendments – new fine and penalty regime for contravention of industry codes New Franchising Code of Conduct – 1 January 2015 1. Competition and Consumer Amendment (Industry Code Penalties) Act 2014 Recent amendments to the Competition and Consumer Act (“CCA Amendments”) give the regulator, the Australian Competition and Consumer… Read More
Read moreCorby v Allen & Unwin Pty Ltd [2013] FCA 370 The Federal Court case of Corby v Allen & Unwin Pty Ltd (“Corby case”) illustrates the risks associated with not taking adequate steps to ascertain the copyright ownership in photographs and not obtaining permission or licences from the copyright owner. The Corby case involved a… Read More
Read moreCopyright in Photographs – Perils of online copying – October 2014 By Katarina Klaric, Principal, Stephens Lawyers & Consultants There is a common misconception by internet users that photographic images found on the internet, websites and social media sites such as Facebook, Twitter and Instagram can be freely copied and used for commercial purposes without the… Read More
Read moreLegal Business Structures For Bands and Musical Ensembles – September, 2014 Music is our passion, why complicate it with legalities and company structures? Emerging bands rarely consider legal and business issues associated with the band’s activities which may include, live performance, concerts, touring, recording, marketing, distribution and sale of their recorded music and associated merchandise…. Read More
Read morePrivate Sector Privacy Information Sheet Privacy Act 1988– From 11 March 2014 The Privacy Act 1988 (Cth) regulates the handling, storage, use and disclosure of personal information by the Commonwealth government, its agencies and private organisations, which are referred to as APP entities in the Act. State and Territory privacy laws apply to State and… Read More
Read moreStephens Lawyers & Consultants Legal Update: July 2013 The ACCC continues to target the energy sector for possible false or misleading representations made by businesses that relate price rises with the impact of the carbon price. In the first 100 days since the commencement of the carbon price on 1 July 2012 the ACCC received… Read More
Read more