201608.30
4

Building Legislation Update – What you need to know!

A large percentage of Victorian domestic building projects are completed to a high quality standard. There are however reported instances when things do go wrong, and when they do, it is predominantly the consumers that are left to suffer the consequences. It is for that very reason that the Victorian Government has passed the Building…

201608.26
1

To Reverse Takeover or not?

Picture the scenario where a thriving private company aspires to be listed on a stock exchange, but at the same time does not want to resort to an initial public offering (IPO). An often considered alternative to this lengthy ordeal is the process of a Reverse Takeover (RTO), which is a type of merger that…

201608.26
3

Is a family member claiming an interest over your family land?

The principle of indefeasibility (the State guarantee as to ownership of land) applies only to Torrens title land. Ownership of Old System title is certain only if another person with a better claim cannot be established. Adverse possession is a legal principle that enables a trespasser (or adverse occupier) who has been allowed uninterrupted and exclusive…

201511.06
1

Your Payment Claim and Schedule Must Match Your Adjudication Documents

In the case of Leighton v Arogen [2012] NSWSC 1323, Arogen was subcontracted by Leighton to supply horizontal directional drilling services. Arogen delivered a payment claim to Leighton in excess of $6.2 million. Leighton disputed this amount and therefore Arogen filed an adjudication application seeking to obtain a determination that Leighton owed it $6.2million. Pursuant…

201511.06
1

You are liable for third party content on your social media outlets

Many companies now have their own Facebook page or Twitter account and use the same for marketing, branding and advertising its product and services. Nevertheless, these social media outlets can become a legal liability if they are not properly monitored. The Advertising Standards Board has held that the Advertiser Code of Ethics and Australian Consumer…

201511.06
1

The Tax Benefits of Venture Capital Fund Limited Partnerships

The Federal Government provides generous tax relief for funds registered as Early Stage Venture Capital Limited Partnerships (ESVCLPs) and Venture Capital Limited Partnerships (VCLPs). These are governed by the Venture Capital Act 2002 and Income Tax Assessment Act 1997. Who should apply? For VCLPs: fund managers seeking to raise a new venture capital fund of…

201511.06
1

Removal of Trade Marks for Non-Use: Applying and Responding

Trade Mark registration does not provide boundless and unconditional protection for its owner. An owner of a registered mark must use the mark to prevent it from losing its protection. The Trade Marks Act 1995 (Cth) (the “Act”) contains provisions that allows a party, who wishes to register a similar mark, to apply to have…

201511.06
1

R&D Tax Incentives for Innovators

The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, particularly small to medium enterprises (SMEs) carrying out R&D in Australia and overseas. Early stage high-tech companies investing heavily in R&D stand to gain significantly because there is no upper limit on the amount of R&D expenditure per year under the scheme. SMEs…

201511.06
1

Privacy Concerns and Cloud Computing

For many businesses, cloud computing has become an essential tool to minimise ongoing computing costs. It also provides companies with a facility to access information remotely and globally. Notwithstanding the benefits of cloud computing, companies should be aware of their legal responsibilities whilst storing personal information onto cloud servers. For example, pursuant to the National…