Can Savvies please help with a referral for a legal firm expert in digital? I'm looking for an opinion on a matter specific to Australian email marketing. Location not important.
I recommend Ian Kennedy form McLaughlins Lawyers. They have just won a high court digital marketing case and set new precedants in Australia as a result. Very good and have a team of digital experts that can provide advice. let me know if you want to be connected.
If you're interested in entering another country, what are the first things you have to consider, as far as legal issues go?
Great question! There are many factors you’ll need to consider, depending on the country you want to set up your business in - So careful planning is the key.
If you are looking to expand your business with China, Australia’s largest trading partner, here are a few practical tips that might help.
Doing business in China may seem rather daunting for newcomers. Taking a strategic approach is one of the keys to making the process manageable. In particular, it is important to:
• Avoid going into China cold – get a foot in the door first by making connections and conducting research before travelling there
• Take care with your choices of advisers, partners and contractors
• Allow time for bureaucracy – both filling in forms and waiting for approvals
• Choose a business structure based on research specific to your industry, objectives and your product
• If establishing your own business there or in a partnership, make sure you are directly involved in the setting-up process.
Once you’ve decided to set up a business in China, there are a number of channels of entry open to foreign investors; the one you choose must fundamentally be supported by your company’s business objectives.
Setting up a business in China overall generally takes three to six months and involves various government authorities and procedures that may differ depending on the industry your business is in and the structure you have chosen.
The four primary options Australians businesses can choose from to set up a foreign investment enterprise (FIE) are:
1. representative offices (RO)
2. wholly foreign owned enterprises (WFOE)
3. joint ventures (JVs) – of which there are two types – one being foreign invested partnerships (FIP).
You can find out more – including on investment rules and regulations and other factors you need to consider– in these free business guides:
In addition to China, the guides cover a number of other key markets as well, like Singapore, Hong Kong, India, Korea and Indonesia.
i have one abn but want to create multiple websites will different range of products, from IT related products to consumer luxury items. Is that possible having just one company abn or do we need...
We contacted ASIC for our company number - after paying their large bill they provided us with our ACN (9 digits). Now they contact us saying that our business website name does not match the company number - What is going on here?
Hello! I'm still at the stage of getting my business set up, and now with a focus on the legal side specifically for when our leads become clients and need to sign a web services agreement with us...
Hi Jess - it is important that you have enforceable clear contracts with your customers. The agreement needs to set out who is responsible for what, when and how plus liability issues. Not sure where people get the idea that it is thousands of dollars. We have fixed fee of between $600 and $1000 depending on complexity. Getting it wrong will cost a lot more than that.
I purchased a business with my husband 4 years ago. The previous owner immediately started to do the same type of work with a so called friend more than 5 kms away so not much we could do. Our...
Thanks for the tag today Yee :)
Certainly, the terms of the agreement would need to be reviewed to determine any/all action available to you. However, I agree with Katherine's comments above. On the face of your post it certainly sounds like he may be guilty of engaging in misleading and deceptive conduct.
Copyright infringement may come into play if he's using your images or any of your 'work'. If he's using images he took and never assigned copyright ownership to you when you purchased the business then he may still be the copyright owner, but, depending on all the specifics using those images may still amount to misleading/deceptive conduct etc.
All the best :)
Sharing this question on behalf of community member, Fiona Meyerman: Hoping someone might be able to answer for me. I didn't want to tie up the line to fair work. Partner works in an industry that...
In short yes it may be legal. Employees have to usefully employed. Some employers may be takin advantage of it nad Fair Work commission has put on more staff to deal wiht applications. I have written about forced leave and stand downs in general terms. You may need to get advice specif to your husbands situation.
Sharing this question on behalf of community member, Shani Matheson: How do you handle requests for refunds on non-refundable deposits as their events cannot go ahead due to the COVID19 virus? What...
Hi Shani, Regie from Sprintlaw here. We're an online law firm that helps small businesses so I thought I'd give you some general legal information that might help!
First - do you have a contract? The answer to this question will most likely be found in any contracts signed between the parties. Have a quick look at any particular cancellation, refunds or payment terms in the contract. As Nicole has mentioned above, there are technical contract law principles such as force majeure and frustration that could be relevant here.
Then, you could explore options. Think about how payment was structured: did you take payment upfront? Was it a deposit? Or are there milestones for payment? These will determine your options, for example, you could potentially postpone the services or goods at a later date (when the event does eventually happen) to preserve the cashflow for your business. Think about how airlines right now are giving flight credits instead of refunds. Many people right now are understanding of small businesses in these kinds of predicaments so negotiating this could be the most practical option. Once you agree on something, it's a good idea to have it in writing to avoid disputes later.
There are also general consumer laws about who is entitled to refunds, etc. However, you'll need to speak with a lawyer to get specific legal advice on your situation.
We also have a useful article here on how to protect your business against event cancellations. Read it here: https://sprintlaw.com.au/protecting-against-event-cancellations/.
I hope this helps! You can also reach out to our team at firstname.lastname@example.org for a quick chat :)
Whether you are hiring a marketing agency, SEO company, accountant or IT company, what are your tips in drafting a contract that minimises risk, ensures a smooth working relationship and maximises...
When drafting a contract between yourself and a service provider you need to be very specific and detaild about what you are agreeing to and the deliverables. As well as who is responsible for what, and what will be the consequences of none delivery or poor performance.
The language needs to be strictly legal in nature and not every day business speak. I highly recommend using a legal template and adjusting according to your business and the vendor/supplier.
There are a few online tools you can use, but make sure they are for the Australian situation and not American or Brittish, because their judicial systems are different to ours.
It's better to be safe than sorry. List down the problems that small business owners often ignore or are unaware of that have legal repercussions, and then end up roping in a lawyer until it's too...
A common legal issue for small businesses is getting their business structure right. Sometimes its really easy to just start a business without thinking about the legal structure. One thing leads to another and you end up with a mess of who owns what. This has legal risks to you and your business and also immediate tax implications. Before starting a business, you should obtain advice from a lawyer and an accountant.
What qualities do you look for in a lawyer for your small business?
Great question Deborah!
I like lawyers whom I can trust and build a good rapport with. I hire lawyers who has my back, and who is able to attend to issues in my business, however complex those may be. He/she should be someone I wouldn't hesitate to pick up the phone and have a chat without worrying about how much is that call going to cost me!
I stay away from lawyers who charge by the minute, because I don't think they understand the needs of their clients. I don't want to be unreasonable, and I believe professionals should be compensated for their time equitably but that said, when professionals puts too much focus on their billable hours and percentage of utilisation, they tend to lose sight of their clients' needs and the bigger picture of what's at stake.
I need to be confident that they have the right experience, and whether they have the right expertise in my industry to take care of unforseen issues confidently. For example, our business is a unique marketplace that most lawyers would not have the depth of experience in. So I'd need to look at their portfolio of previous projects, the type of clients whom they work with the most, client references, and recommendations from people in my network. The problem is that it always take so long to gather all these data to make the right decision lol.
I'm also big on transparency, not just about scope, fees structure and processes but how we should handle issues ethically and with the highest integrity at all times. I don't like surprises so open and honest communication is key, which in essence is a pre-requisitie to building great rapport.
I don't believe in shopping for the lowest fee. I believe you get what you pay for, and I'm willing to invest in the right expertise and experience as long as they're competitive in their pricing. Again, I do look for some flexibility, and know that I won't incur extra charge each time I pick up the phone for a quick question.
Last but not least, I look for lawyers who are good cultural fit - a lawyer who is results driven and willing to go the extra mile, someone who would think of alternatives, someone who thinks ahead, and raise potential risks I may not have thought before, and generally is always looking out for my business. These are the only lawyers I trust.
Then, it doesn’t feel like just a service I’m hiring but more of an investment I’m making. Hope that helps.
Hi, I’ve had a business name idea for a while but have just discovered that the name is in use in NZ, in the exact same market I’m interested in - designer homeware. Yet in Aus it’s not registered....