It is typical for landlords to require tenants to provide security under a lease, to secure the tenant’s obligations under the lease. There are various types of security that may be provided, including bank guarantees, bonds and – where the tenant is a company – personal guarantees from the directors of the tenant entity. The …
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The unfair contracts legislation is being amended with effect from 12 November 2016 to apply to small businesses in addition to individuals. What is the current law? Unfair contract terms are regulated under the Australian Consumer Law – Competition and Consumer Act 2010 (Cth) Schedule 2 (CCA). Section 23 of the CCA states that any …
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Following the enactment of the Competition and Consumer Amendment (Payment Surcharges) Act 2016, businesses should be aware of new restrictions in imposing payment surcharges on customers. This amendment to the Competition and Consumer Act 2010 (Cth) (CCA) essentially bans ‘excessive’ surcharges on credit and debit card payments in transactions. This is intended to limit surcharges …
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Earlier this year, IP Australia conducted an extensive review of its fee structure in consultation with various stakeholders. The results of this review are now finalised and IP Australia has announced that new fees will apply from 10 October 2016. The changes to trade mark fees may be significant to current trade mark owners, and …
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On 11 February 2016, the Federal Court handed down its judgment in the case of Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939. The decision marked the end of the latest chapter in the trade mark battle between Dick Smith’s OzEmite and AussieMite. While this dispute has been in the media through its …
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Thought you can use the internet anonymously? A recent Australian case has shown that the right to privacy does not necessarily prevent someone finding out your identity in order to make a claim against you. If an individual or entity has a right to relief against a prospective respondent but cannot adequately identify that prospective …
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What does this news about credit card surcharges really mean? We’ve all been there – you find an unbeatable deal on flights or accommodation only to find a surcharge at checkout that throws your budget and leads to frustration. In a bid to not only encourage electronic transactions, but to also provide greater protection for …
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A recent case in the United States of America involving the transport company Uber has raised more questions for businesses that utilise the services of independent contractors. The case, Douglas O’Connor et al v. Uber Technologies Inc, U.S. District Court, Northern District of California, No. 13-3826 is currently contemplating whether Uber drivers, which Uber treats …
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Didn’t know your business proposal was covered by the Franchising Code of Conduct (the Code)? The penalties can be significant so check the Code first. The Code applies if: (a) a person (franchisor) grants to another person (the franchisee) the right to carry on the business of supplying services under a system or marketing plan …
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Despite everyone’s best intentions, disputes commonly arise when one party feels like the other party is not contributing to the business equally, where one party’s personal circumstances change or where the parties have a different vision for the business. Try to negotiate a commercial solution If a dispute does arise, the parties should first consult …
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