Cloud Computing: Legal issues for service contracts

Before you decide to sign up for cloud computing, there are issues relating to location of data, security and reliability, and data exit that you should be aware of. ‘The cloud’ relates to providing computing services such as computer power, … Continue reading

Insurances explained – a brief overview

In this first article in the series, we are starting with a brief overview of insurances. What insurance do you really need your suppliers to be holding, and what is overkill – and possibly costing you more for your goods … Continue reading

What’s in a name? Business names, Company names, Domain names, and trademarks – the differences explained

Contrary to popular belief, business names, company names, domain names and trademarks all have very different roles and provide very different levels of protection.  In this article, we sift through the differences between each of these identifiers, and lay to … Continue reading

Reminder: Review your contracts urgently for Trade Practices Act changes

The Trade Practices Law landscape changed considerably on 1 January 2011, and if you haven’t had your contracts reviewed to incorporate the changes, now is the time to act. Urgently. A failure to review your contracts could leave your business … Continue reading

Landmines in Sourcing a Supplier

Could you ever become liable for the costs of an unsuccessful tenderer in your RFT (Request for Tender) process? On the face of it, that possibility seems outrageous. But the 1997 case Hughes Aircraft Systems International v Airservices Australia* is … Continue reading

Beware: It’s time to review your consumer standard form contracts

Do you deal directly with consumers? If so, now is the time to get any related contracts reviewed, to ensure that you aren’t in breach of recently enacted consumer protection laws… Changes to the Trade Practices Act are now in … Continue reading

Reasonable Endeavours. Best Endeavours. What’s the difference??

It is quite common in negotiations over terms of a contract, for disputes to arise over whether one party should be required to use “best endeavours” or “reasonable endeavours” in satisfying an obligation. To muddy the waters further, I have … Continue reading