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Articles by Tal Williams
Shareholder oppression - when relationships sour
When doing business with anyone, mutual expectations must be agreed upon. If minority investors are to become part of your organisation the rights and responsibilities of those investors should be clearly set out in shareholder agreements and be well known and understood by the parties. Take the recent case of BBHF Pty Ltd v Sleeping Duck Pty Ltd & Ors [2024] VSC 320.
Cyber attacks - our client experience
HW Holman Webb More Holman Webb is a unique law firm in Sydney, Melbourne, Brisbane and Adelaide, with over half of its partners having senior in-house experience. They offer unique insights and real world experience, with a focus on commercial and insurance law, and pay respects to the Traditional Owners of the land. In the case of cyber security, prevention is far better than cure. Australia Privacy
Can uou believe everything you read from social media influencers? The ACCC is investigating.
In early 2023, the Australian Competition and Consumer Commission (ACCC) conducted an internet sweep of influencers who were promoting and advertising products on social media. In December 2023, the ACCC released their findings, determining and identifying deceptive marketing practices used across the digital economy. In the December 2023 publication, the ACCC identified the following key issues when conducting the sweep with influencers: Not disclosing brand relationships in posts.
Unfair contract terms. Are you compliant? If not, is it worth $50m?
In 2016 the Australian government introduced a new law to protect small business from unfair terms in business-to-business standard form contracts. The law prohibited unfair terms and deemed them to be void and unenforceable. You can read about it in our previous article. On 9 November 2023 changes will come into effect in relation to those laws. We wrote about them in our article.
Franchisors must deliver what they promise – a look at the ‘UFC Gym' situation - Franchising - Australia
Over the last couple of years, the Franchising Code of Conduct has increased the disclosure obligations on franchisors. However, franchisors have always had to make sure that, in simple terms, they deliver what they promise to franchisees. Under the Australian Consumer Law, franchisors can be liable where they engage in misleading or deceptive conduct – which can include promising an amount of start-up costs without a reasonable basis.
Ignore cyber protection – pay the price: Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496 - Security - Australia
It has happened: a company that failed to implement proper cyber security measures in Australia has been taken to court by the regulators, with the company ordered to pay costs of $750,000.
Federal Court confirms that a patent applicant, owner and inventor must be a natural person: Thaler v Commissioner of Patents [2021] FCA 879
Australia: Federal Court confirms that a patent applicant, owner and inventor must be a natural person: Thaler v Commissioner of Patents [2021] FCA 879 24 April 2022 Holman Webb Your LinkedIn Connections with the authors Readers may recall Holman Webb's September 2021 article 'The Future of Artificial Intelligence - Can AI invent software?', which reported on a landmark judgement by Justice Beach of the Federal Court in the matter of Thaler v Commissioner of Patents [2021] FCA 879, which...
New measures close the gap for electronic execution of documents by companies
Australia: New measures close the gap for electronic execution of documents by companies 01 March 2022 by Tal Williams and Mark Logan Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Companies can now sign documents by electronic means and with directors using electronic signatures. On 10 February 2022, the Australian Senate passed the Corporations Amendment (Meetings and Documents) Bill 2021 ('the Bill').
The Office of the Australian Information Commissioner releases biannual report and performance statement
Australia: The Office of the Australian Information Commissioner releases biannual report and performance statement 14 December 2021 by Tal Williams and Edita Grinbergs Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Office of the Australian Information Commissioner ('OAIC') has released its 2020-21 annual report and performance statement.
What are the limits of implied software licences? QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615
Australia: What are the limits of implied software licences? QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615 12 December 2021 by Tal Williams and Edita Grinbergs Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. If you purchased a business and the sale included all of the business's computers, would it be reasonable to expect to be able to use the software installed on those computers?
Office Of The Australian Information Commissioner:
Australia: Office Of The Australian Information Commissioner: "Clearview AI Breached Australians' Privacy" 10 November 2021 by Tal Williams and Edita Grinbergs Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Drone Laws: New Registration And Mandatory Reporting Scheme
To print this article, all you need is to be registered or login on Mondaq.com. In Holman Webb's April 2020 article Drone (UAV) Laws: Focused on Safety or Keeping Australia Back?, we discussed the strict regulations surrounding the use of drone s(aka Unmanned Aerial Vehicles 'UAVs') within Australia. That article considered the impact of these regulations on Australia's advancement with respect to UAV technology, especially within the agricultural and medical industries.
The future of artificial intelligence in Australia
Australia: The future of artificial intelligence in Australia - Can AI invent software? 07 October 2021 by Tal Williams and Edita Grinbergs Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Electronic Signing Of Documents By Companies And The Conduct Of Virtual Meetings
Australia: Electronic Signing Of Documents By Companies And The Conduct Of Virtual Meetings - Legislation Passed 18 August 2021 by Tal Williams (Sydney) Holman Webb Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Intellectual property and virtual meeting platforms
To print this article, all you need is to be registered or login on Mondaq.com. Virtual meeting platforms have seen user numbers increase substantially since the end of 2019. Services such as Microsoft Teams, Skype and Zoom have become an increasingly utilised tool as a large number of businesses have directed employees to work from home during the various COVID-19 lockdowns.
Remember: Your personal information may be of value to others
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Drone (UAV) laws: Focused on safety or keeping Australia back?
To print this article, all you need is to be registered or login on Mondaq.com. Whilst 2002 saw Australia become the first country to introduce legislation relating to civilian drone use, current strict drone regulations have caused commercial drone operations in Australia to lag behind those in other parts of the world. Several major drone transportation companies began in Australia, yet Wing Aviation has only just become the first approved drone delivery service.
COVID-19: Legislation Amendment (Emergency Measures) Act 2020
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
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