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A director, as defined by the Corporations Act 2001, includes officially appointed directors, de facto directors, and shadow directors. They must act in the company’s best interests, avoid conflicts of interest, and not misuse their position. Key duties include acting with care and diligence, in good faith, and preventing insolvent trading. Breaching these duties can lead to severe penalties, including fines, imprisonment, and disqualification. Even those with apparent authority may be subject to these duties under certain conditions.

Companies engaging in technology contracts will encounter a matrix of legal considerations often specific to the technology industry. Effectively navigating legal as well as commercial considerations in technology contracts will help ensure a successful partnership with technology providers.

In Australia, trade mark registration operates on a “first-to-use” basis, which means that the owner of a trade mark is the first entity to use that trade mark in relation to goods and services.