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Business & Commercial Law

Business & Commercial Law November 9, 2016

Extension Of Consumer Protection Laws To Benefit Small Businesses

On 12 November 2016, the Australian Consumer Law (”ACL”) will be amended to extend the protections given to consumers there, to small businesses. It will apply to standard form contracts entered into on or after 12 November 2016 and also to standard form contracts which are renewed or varied after that date.

SurfStitch Group Limited

Diamond Conway is presently investigating a possible class action on behalf of shareholders against SurfStitch Group Limited.

Business & Commercial Law September 7, 2015

“Orange” Is The New “Black”?

Thankfully, neither an orange nor the TV show “Orange is the new Black” has any relevance to this paper. The point of this paper is to consider the principles of finality, certainty and predictability in our legal system through a recent case study.

Business & Commercial Law January 28, 2015

The Litigation Landscape: Post-Aon Risk Services v Australian National University – Five Years On

Introduction It is now just over five years since the High Court handed down the seminal decision of Aon Risk Services Australia Ltd v Australian National University1 (“Aon”). Aon fundamentally changed the way in which litigation is conducted. It has addressed delay in amendment or late reliance on evidence which, prior to Aon, was seen […]

The High Court’s unfortunate analysis in Clark V Macourt;

Let’s hope it’s not a seminal decision The decision in Clark v Macourt[1] is a terrific example of the idea that the High Court is right because it’s final, not final because it’s right. The High Court has ruled that in quantifying the damage a person has suffered as a result of breach of contract, […]

The National Business Name Register

The new rules will apply to any business that sells goods or services to consumers in trade or commerce. Has your business registered its business name? ASIC is making life easier by cutting the red tape… Key Points In NSW the Business Names Act 2002 (NSW) is being replaced by the Business Names Registration Act […]

Business & Commercial Law November 1, 2011

The requirements for creating a valid e-commerce contract

The requirements for creating a valid e-commerce contract In recent years, online shopping has exploded in popularity, with many Australians taking advantage of the strong local dollar and the ease of making purchases online. As a result of consumers doing more shopping on the internet, small businesses may have begun to consider the viability of […]

Business & Commercial Law October 1, 2011

How to wind down a company

An exit strategy is an important part of every business plan and when it finally comes down to shutting up shop, it is important to understand that it is not as easy as just simply walking away. By having an understanding of the legal requirements, this will assist you in successfully closing down your company. […]

Business & Commercial Law August 1, 2011

Privacy Exemptions for Small Business

Recent events regarding the abuse of privacy in the UK, namely the News of the World scandal and its subsequent closure, have prompted a wider debate about privacy and privacy legislation in Australia. To date, The Privacy Act exempts businesses with an annual turnover of $3 million or less. Telecommunications service providers, however, do have […]

Social Networking in Business

Many businesses including small businesses have embraced social networking sites as a way to market their products and services.  Facebook fan pages are often a popular choice, enabling members of the public to post comments about a product or service. As a result of a recent Federal Court of Australia decision, businesses may be liable […]