Commercial & corporate.

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Handshake agreements or fist bumps?

Society has always prided itself on honouring a handshake agreement. But, what happens when one of the parties shaking hands, is not honourable? Unless your handshake is backed with a written agreement, you might not have a ...

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Winners are grinners

Trade promotions, such as competitions and other promotional games, are winners for generating hype for your brand. However, trade promotions are heavily regulated and organisations must ensure they comply with relevant laws...

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The new AANA advertising Code of Ethics

On 1 February 2021, the new advertising Code of Ethics (Code), adopted by the Australian Association of National Advertisers (AANA), came into effect. The AANA has published an accompanying Practice Note to in order to assist...

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Businesses face penalties for unfair contract terms

State and territory consumer affairs ministers have recently agreed to strengthen the Australian Consumer Law unfair contract terms regime. Key proposed changes, as outlined in the Treasury’s Regulation Impact Statement...

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How a typo can cost you

We’ve all seen it – an email sent to the wrong person. Perhaps a misspelled email address or an email sent to the wrong ‘Jennifer’. A recent decision by the Australian Information Commissioner and Privacy Commissioner shows how a simple clerical...

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Cracking the code on your security deposit

Commercial leases typically include provisions that require the tenant to provide security to secure the performance of its obligations. Typically, a tenant may be required to provide security in the form of: a cash security deposit; a bank guarantee; or...

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Cutting the cord: terminating indefinite contracts

An indefinite contract establishes an ongoing contractual relationship. Typical examples include contracts that: automatically renew, do not specify an expiry date, or do not specify express termination rights. This bulletin explores...

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Bega owns the dress: do you own your unregistered trade marks?

Kraft has lost its appeal in the Full Court of the Federal Court regarding its claimed ownership of peanut butter packaging trade dress. This is likely to have significant consequences on how businesses protect and commercialise unregistered...

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Broke is no joke

Recent developments in the UK have ‘broadened the spectrum’ in favour of creditors, when seeking to wind-up companies. These developments may be extended to...

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Counting the cost of outsourcing (part 3)

Welcome to the third of a 3-part series on the risks associated with offshoring arrangements. Job losses may occur when organisations offshore office functions...

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