Legal matters

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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.

What are the 10 biggest legal risks for start-ups in 2014?

1:33PM | Monday, 6 January 2014 | Lachlan McKnight

This year will bring new challenges and risks for start-ups. Here are 10 major changes you need to be aware of in 2014.

Why businesses need to take food safety seriously: SAI Global scholarship winner announced

12:24PM | Friday, 13 December 2013 | Rose Powell

Laboratory technician Emma McPherson from Lion Dairy and Drinks has been announced as the first recipient of a scholarship for the food safety training program, Advancing Food Safety, run by SAI Global.

Trademark ownership and social media: Who owns what?

12:40PM | Friday, 6 December 2013 | Vanessa Emilio

Kyle and Jackie O’s recent trademark battle with radio station owner Southern Cross Austereo has raised some critical legal questions about the ownership of social media accounts. Here’s how it impacts your business.

Take a few deep breaths

11:11PM | Friday, 29 November 2013 | Taskmaster

Business is inherently stressful: The greater the risks, rewards, opportunities and costs, the higher the pressure. It's important to contain yourself.

Five essential steps to legally protecting your online business

11:04PM | Friday, 29 November 2013 | Vanessa Emilio

Are you looking to launch a website or online business? Here’s a short checklist of what you need to start thinking about to protect yourself.

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