Legal matters

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Why we raised $300,000 through a revenue loan: Online marketplace startup

4:39PM | Monday, 14 April 2014 | Rose Powell

LegalVision has pivoted twice and is ready for to grow, raising $300,000 as a revenue loan.

Social media law part three: Can I post whatever I want on Facebook?

4:56AM | Friday, 4 April 2014 | Vanessa Emilio

In part three of this series looking at social media and the law, I’ll examine how Australian law limits what you should and shouldn’t post on your social media accounts.

Social media and the law: Starting your business on Facebook does not exempt you from the law

3:53PM | Friday, 21 March 2014 | Vanessa Emilio

Are you starting or promoting your business through social media? Here are a few key legal points you need to be aware of.

Don’t kill your startup by heading to the United States too early: Palo Alto lawyer

3:18PM | Monday, 17 March 2014 | Rose Powell

Too many Australian startups are relocating to the United States early in the false belief capital will come easily, says a Silicon Valley-based private equity and venture capital lawyer.

Copyright infringement is on the rise: How to protect your IP assets

3:47PM | Thursday, 13 March 2014 | Vanessa Emilio

Unfortunately, it seems that there is very little someone needs to change in your work to call it their own. Thankfully, there are some ways you can protect your intellectual property.

New privacy laws now in effect: How to avoid a $1.7 million fine

3:57PM | Wednesday, 12 March 2014 | Cara Waters

New privacy laws came into effect this week and businesses need to review their internal processes and be prepared to pay for customer information in the future, according to law firm Finlaysons.

Legal firm “inundated” with calls from businesses unprepared for privacy law changes

3:37PM | Tuesday, 11 March 2014 | Yolanda Redrup

National law firm Holding Redlich has been “inundated” with calls from businesses which are unprepared for the privacy law changes due to take effect on Wednesday.

Start-up red tape tangles revealed: The most difficult regulatory burdens for start-ups

3:39AM | Monday, 10 March 2014 | Rose Powell

While the federal government has announced a focus on simplifying red tape for business, rapidly growing early stage businesses have slightly different needs the government should be aware of.

Thinking of setting up a start-up business? Here’s what you need to do first

3:17PM | Friday, 7 March 2014 | Vanessa Emilio

Did you know there's a legal difference between a company and a business? Before you start-up, here are a few things you should consider.

When do you legally have to refund a product?

2:47PM | Friday, 28 February 2014 | Vanessa Emilio

Does your warranty policy comply with the Australian Consumer Law? Here are the legal and commercial issues you must consider when deciding how, who and when to issue a refund.

Website disclaimers: The inside story

2:53PM | Friday, 21 February 2014 | Vanessa Emilio

Most websites –StartupSmart included – feature a disclaimer of some description. Here’s a look at whether they really provide you with legal protection, and what you need to include in one.

Dumb Starbucks: When does parody go too far in regard to copyright?

2:26PM | Friday, 14 February 2014 | Vanessa Emilio

A comedian who created a parody of Starbucks is being sued by the US-based coffee giant for copyright infringement. The case is a major test case for the fair use provisions protecting parodies.

Are you giving away your copyright for free?

2:32PM | Friday, 7 February 2014 | Vanessa Emilio

Every creative work has automatic copyright protection. Adding a Creative Commons (CC) licence to your work means you give general rights to the public to use the work in the manner specified, for free.

High Court decision a reminder misleading ads could land your business in hot water

2:06PM | Monday, 3 February 2014 | Craig Yeung

Australia’s highest court, the High Court of Australia, has recently made a decision that serves as a clear reminder to businesses on the risks associated with misleading advertising and pricing of goods and services.

Guarantees v warranties: Does Red Bull really give you ‘wings’?

1:59PM | Friday, 31 January 2014 | Vanessa Emilio

Many businesses and individuals use ‘guarantee’ and ‘warranty’ interchangeably, thinking they mean the same thing. However, from a legal perspective, the two words have very different meanings.

Eight global trends that could reshape your online business in 2014

1:48PM | Friday, 24 January 2014 | Vanessa Emilio

In the internet world of accelerating change, law reforms are being proposed and passed at breakneck speed. Here are eight big trends you need to watch closely in 2014.

I spy with my little…FBI!

1:16PM | Monday, 20 January 2014 | Vanessa Emilio

Have you heard the latest about website privacy policies? Especially in light of the Snowden leaks in the US, there are some key issues to be aware of.

Warning about fake testimonials as ACCC fines businesses

1:17PM | Monday, 20 January 2014 | Cara Waters

Two solar businesses have been ordered by the Federal Court to pay combined penalties of $125,000.

Breaking bad news

1:00AM | Tuesday, 14 January 2014 | Taskmaster

In a perfect world, your business would grow at a steady pace, no one would ever get ill, every employee would be unconditionally loyal to your business and every single person you hire would work out. Reality is a different matter.

Coalition review of Franchising Code could see penalties hit $50,000

1:40PM | Monday, 6 January 2014 | Melinda Oliver

The federal government will pick up where the former Labor government left off when it comes to reviewing the franchise sector, with the potential for penalties of up to $50,000 for breaches of the Franchising Code of Conduct.

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