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

Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (Oct 2018)

The 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 more

Compensation for Patent Infringement in Australia – 2017

  Katarina 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 more