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 extreme nature that it has been described as being … [Read more...] about Damages for Online Defamation – Recent Cases [2015 to October 2019] – Updated Oct 2019
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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 in datacentres that are under the control of third parties, rather than on … [Read more...] about Cloud Computing – Information Sheet – Understanding and Managing Risks
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 to limit the risk of exposure to a claim in defamation. Recent court decisions (which are … [Read more...] about Social Media and Defamation
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 operations in Australia in the late 60’s early 70’s. Australia continues to be … [Read more...] about Franchising in Australia – October 2018
Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (Oct 2018)
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 re-seller agreements, distribution agreements, trade mark licences and IP licence agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These types of agreements are generally not considered to be … [Read more...] about Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (Oct 2018)