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Trademark registration – how to protect your brand
Protecting your brand with a trademark The best way to protect your brand is with a trademark registration. A trademark registration can cover your business name, logo, or even a slogan. With a registered trademark, you will have exclusive rights to those names and images, and the right to use them for the services your...
Why you need a cease-and-desist letter
If you think someone has stolen your work, is using a trademark or design too similar to yours, or is using your patent without consent, you need a cease-and-desist letter. What is a cease-and-desist letter? An intellectual property (IP) cease-and-desist letter is the first step in dealing with IP theft and is a formal demand...
Why you need a shareholder agreement
What is a shareholder’s agreement? A shareholder’s agreement is a contract between the shareholders of a company, which governs the relationship between each shareholder, and specifies who controls the company. Why you need one While it’s not a legal requirement, if your company has more than one shareholder, it’s advisable to have a shareholder’s agreement....
Think carefully before clicking ‘Publish’
When is a publisher not a publisher? According to the High Court, when it’s Google. In a landmark defamation case, the court has confirmed that publishing hyperlinks to defamatory material written by others does not count as publication – or republication. However, the court also warned against applying that as the general rule. Accordingly, it...
What is the franchise code of conduct?
What is Franchising? Franchising is a popular business model that allows you to operate a business under the brand of another business. Famous examples of a franchise in Australia include Pool Werx, Muffin Break, and Jim’s Mowing. A franchisee is a sole trader, partnership or company which enters into an agreement with the franchisor. The...
What is the principal place of residence exemption?
Capital Gains Tax (CGT) and Property Sales When a property is sold, it is a Capital Gains Tax (CGT) asset, meaning you may be liable to pay tax on all, or part of the profits from the sale. However, there’s an exemption for a property that is your principal place of residence – the home...
Planning your exit – What to know when selling your business
Selling your hard-earned business is a potential exit strategy once you’re ready to close your books to start a new chapter in your life. There are many reasons a business owner would want to let go of their company. To ensure a smooth-sailing transition of power and assets, you need to know which items will...
The differences between residential and commercial conveyancing
The differences between residential and commercial conveyancing Whether you are purchasing or selling a home, residential investment, or a commercial investment, there are many similarities involved in the transfer of ownership of these different kinds of properties. There are also some important differences in the processes and complexities involved that you should be aware of…...
What is a “going concern”?
What does “selling a business as a going concern” mean? When you’re selling a business as a going concern, it means you are selling everything that’s necessary for the continued operation of that business. It also means that you will continue running the business until the day of the settlement. What property can be included?...
Licence v franchise – what’s the difference?
Understanding Business Structures in Australia Two of the most common types of businesses in Australia are licensed businesses and a franchised business. But what’s the difference? Both models are business agreements in which certain aspects of the brand are shared in exchange for a fee. However, a franchising agreement covers a business’s entire brand and operations,...
What is e-conveyancing?
What is E-Conveyancing? E-conveyancing refers to property transactions that are settled electronically, and as of February 20 this year, they’re compulsory in Queensland. Mandatory e-conveyancing aims to ensure property transactions are completely quickly and consistently. It also brings Queensland into line with New South Wales, Victoria, South Australia, and Western Australia, which have had e-conveyancing...
Understanding a deed of release contract
What is a deed of release? A deed of release is a legal document formed between two parties that brings a dispute or an agreement to an end, and can in fact can be used to prevent a dispute from arising in the future. Generally speaking, a ‘release’ is a discharge of obligations. There are...