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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.

The long-awaited decision in the Manuka Honey certification trade mark case has finally been handed down by the Intellectual Property Office of New Zealand (IPONZ).

In today’s dynamic business world, it is vital for companies to provide shareholders with clear guidelines and expectations for the operation of the business. A well-drafted shareholders’ agreement is essential in protecting the rights and interests of shareholders, ensuring better corporate governance and minimising the potential for disputes.

Significant changes to the unfair contract terms (UCT) regime will commence on 9 November 2023. Businesses that are currently outside the scope of the UCT regime will need to consider how these changes may affect them.

Selling your business can be more complex than just agreeing on a price and signing a contract. To ensure you get the best outcome from a sales process whilst simultaneously maintaining your daily operations with as little interruption as possible.

An essential part of establishing any business is what brand to use. Consideration should be given to ensuring that that name closely aligns with the desired image or brand that the company wishes to present.

With increased concerns surrounding climate change and the environmental impact of businesses, consumers are more socially and environmentally conscious in their purchasing decisions.

In the latest stoush between Energy Beverages and Canterella Bros in the Full Federal Court, the true definition of coffee is like mother’s milk for Energy Beverages.