Non-disparagement clauses in standard form contracts deemed to be unfair contract terms by the ACCC – June 2018

By Katarina Klaric (Principal) and Emma Contebardo (Lawyer), Stephens Lawyers & Consultants  Negative or disparaging online reviews can result in substantial damage to a business’ reputation and also loss of revenue.  Where reviews are false, defamatory or not genuine, businesses can take legal action to have the reviews taken down and claim compensation. Some businesses… Read More

Read more

Damages for Online Defamation – Recent Cases [2015 to October 2019] – Updated Oct 2019

Katarina Klaric, Principal, Stephens Lawyers & Consultants * Publication of defamatory comments on websites, 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 an… Read More

Read more

Cloud Computing – Information Sheet – Understanding and Managing Risks

(March 2019) Companies are increasingly using software applications and tools, data storage and back up  services which are provided as cloud based solutions (“cloud services”).    The internet is used to access cloud based applications or tools, upload, download, execute, process and share data and content, all of which is processed and stored on external servers… Read More

Read more

Social Media and Defamation

Tweets 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 more

Franchising in Australia – October 2018

Franchising 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 more