Celebrating reconciliation week and examining indigenous disadvanta...

Reconciliation week is an important period in the lives of all Australians. It’s a chance to reflect upon, strengthen, and celebrate the relationships Aboriginal and Torres Strait Islander people share with other Australians.  More specifically for us here at LawAdvisor, it’s a time to think abou...

Celebrating reconciliation week and examining indigenous disadvanta...

Reconciliation week is an important period in the lives of all Australians. It’s a chance to reflect upon, strengthen, and celebrate the relationships Aboriginal and Torres Strait Islander people share with other Australians.  More specifically for us here at LawAdvisor, it’s a time to think abou...

Time for Australians to take data privacy seriously

Recently Australia’s hotly contested metadata retention scheme began having an impact on the lives of ordinary Australians.Under the scheme, phone and internet companies must store information generated when their customers make phone calls, send text messages, or use the internet. This does not ...

Time for Australians to take data privacy seriously

Recently Australia’s hotly contested metadata retention scheme began having an impact on the lives of ordinary Australians.Under the scheme, phone and internet companies must store information generated when their customers make phone calls, send text messages, or use the internet. This does not ...

US travel advice for Australian dual nationals

The Australian government has announced that Australian dual nationals will not be affected by new immigration rules implemented by US President Donald Trump over the weekend.Trump’s controversial executive order banned entry to the United States from seven countries - Iran, Iraq, Libya, Somalia,...

Is it possible to set up an Australian charity while on a sponsored...

It’s not uncommon for Australian businesses to hire skilled, qualified, and experienced workers from overseas, using Australia’s 457 visa system.These visas allow approved businesses to hire these types of workers from the Department of Immigration and Border Protection’s Consolidated Sponsored O...

The legality of selling parody products

A quick walk through one of Melbourne’s many popular markets and you’ll likely spot parody or satirical product making a reference to pop-culture. Is it legal to create and sell products which make these sorts of references? Does a business require permission from the copyright owner?Copyright is...

Is your business eligible for the R&D Tax Incentive?

To be eligible for the Research and Development tax incentive a business must be a company incorporated under Australian law, or incorporated overseas but an Australian resident for tax purposes, according to the LawAdvisor Legal Research Team.There is also many other criteria which relates to th...

Is your business eligible for the R&D Tax Incentive?

To be eligible for the Research and Development tax incentive a business must be a company incorporated under Australian law, or incorporated overseas but an Australian resident for tax purposes, according to the LawAdvisor Legal Research Team.There is also many other criteria which relates to th...

Startup worker rights: contractors and employees

A startup owes different obligations to its workers, depending on whether or not they are classified as a contractor or employee. According to Rigby Cooke Lawyers employment law expert Stephanie Burn, businesses owe fewer obligations to contractors than employees.“For example, eligible employees ...

Startup worker rights: contractors and employees

A startup owes different obligations to its workers, depending on whether or not they are classified as a contractor or employee. According to Rigby Cooke Lawyers employment law expert Stephanie Burn, businesses owe fewer obligations to contractors than employees.“For example, eligible employees ...

How to complete a comprehensive search of trade mark availability

Trade marks are the intellectual property right that allows startup founders to start building goodwill and brand awareness in their businesses.A trade mark is a right that is granted over a word, phrase, letter, number, sound, smell, shape, logo, picture or packaging your business uses to repres...

The difference between a contractor and an employee

There is no single indicator determines whether or not an individual is a contractor or an employee, according to the Fair Work Commission.Rigby Cooke Lawyers employment law expert Stephanie Burn notes that it doesn’t matter how a business labels a person working for them. What matters is the wor...

The difference between a contractor and an employee

There is no single indicator determines whether or not an individual is a contractor or an employee, according to the Fair Work Commission.Rigby Cooke Lawyers employment law expert Stephanie Burn notes that it doesn’t matter how a business labels a person working for them. What matters is the wor...

How to hire talented employees from overseas

Australia’s startup industry is growing, but its size relative to established innovation centres around the world, means at times it is necessary to hire talented employees from overseas.As Atlassian co-founder Scott Farquhar noted late last year, there are too few trained engineers in Australia ...

How to hire talented employees from overseas

Australia’s startup industry is growing, but its size relative to established innovation centres around the world, means at times it is necessary to hire talented employees from overseas.As Atlassian co-founder Scott Farquhar noted late last year, there are too few trained engineers in Australia ...

Are owners of .com entitled to the .au version of the same domain?

Website URLs or domain names are a key part of a business’ brand.However, according to Netregistry, a common mistake made by startup and small business founders is the failure to register all domain name alternatives.This is because, as Thomson Geer partner Paul Noonan points out, when you enter ...

Are owners of .com entitled to the .au version of the same domain?

Website URLs or domain names are a key part of a business’ brand.However, according to Netregistry, a common mistake made by startup and small business founders is the failure to register all domain name alternatives.This is because, as Thomson Geer partner Paul Noonan points out, when you enter ...

How do I request a copyright license?

According to the LawAdvisor research team, Copyright refers to legal rights in original ideas, or works that are protected in Australia under the Copyright Act.“Generally these rights give the author exclusive rights to license others in regard to copying the original work, broadcasting it, publi...

How do I request a copyright license?

According to the LawAdvisor research team, Copyright refers to legal rights in original ideas, or works that are protected in Australia under the Copyright Act.“Generally these rights give the author exclusive rights to license others in regard to copying the original work, broadcasting it, publi...

Does my website need terms and conditions?

If you’re founding a startup, then naturally, you’re going to be building a website. A common question is - does our startup’s website need to set out terms and conditions of use.The short answer is yes, according to Pivot Business Lawyers principal solicitor Jared Pereira.“Yes, it is advisable t...

Does my website need terms and conditions?

If you’re founding a startup, then naturally, you’re going to be building a website. A common question is - does our startup’s website need to set out terms and conditions of use.The short answer is yes, according to Pivot Business Lawyers principal solicitor Jared Pereira.“Yes, it is advisable t...

The difference between trade marks and business names

A common mistake made by founders when they start their business, is they incorporate it with ASIC, register a business name, and then assume they are afforded some intellectual property protection. But that’s not the case. Business namesAccording to the LawAdvisor Research team, a business name ...

11 issues to consider when preparing a shareholders agreement

During the inception stage of a startup’s life, what each founder is going to contribute will seem clear.  Without a shareholders agreement, that clarity can be lost.As Hitch Advisory’s Nick Hitchens points out, founders generally enter a startup thinking that they know what they are going to con...

What intellectual property is created in the development of a web a...

So you’re a startup founder who’s just developed a new web application. What intellectual property is created and is it worth protecting?Elevation Legal’s Sam Wong says, under Australian law the software produced will generally be protected by copyright, provided that it is original and no infrin...

What intellectual property is created in the development of a web a...

So you’re a startup founder who’s just developed a new web application. What intellectual property is created and is it worth protecting?Elevation Legal’s Sam Wong says, under Australian law the software produced will generally be protected by copyright, provided that it is original and no infrin...

Homes and startups: can I transfer my house to my partner in order ...

Founders of startups take on considerable financial risk. So what should a founder do if the are building a house at the same time they launch their startup?Is it possible to transfer it to a partner's name, just in case things go wrong?According to the LawAdvisor legal research team, that’s a co...

What’s the difference between a partly paid and fully paid shares?

Startups which often lack the capital to compete with established companies on salary when hiring employees, look to reward their employees in other ways.One such way is through shares and the issuing of equity.According to the LawAdvisor legal research team a share is a bundle of legal rights th...

Five tips for prospective franchisees

1. Familiarise yourself with the Franchising Code of CoductFranchisors must comply with the Franchising Code of Conduct, which sets out rights and obligations for those buying and running a franchise in Australia. If you’d like to familiarise yourself with the code, The Australian Competition and...

Five tips for prospective franchisees

1. Familiarise yourself with the Franchising Code of CoductFranchisors must comply with the Franchising Code of Conduct, which sets out rights and obligations for those buying and running a franchise in Australia. If you’d like to familiarise yourself with the code, The Australian Competition and...

Business structure basics: franchising

If you’re looking to purchase a franchise, what you’re doing is buying a business with an established name, marketing and operating procedures.Prospective franchisees must also recognise that entering into a franchise agreement means you’ll need to follow the franchisor’s system of running and ma...

Some things to consider before entering into a franchise agreement

Purchasing a franchise is a great way to make the leap into business ownership. Individuals making the leap will get an established name, marketing help, and operating procedures which will provide an outline for running the business successfully.It’s important to remember entering into a franchi...

Some things to consider before entering into a franchise agreement

Purchasing a franchise is a great way to make the leap into business ownership. Individuals making the leap will get an established name, marketing help, and operating procedures which will provide an outline for running the business successfully.It’s important to remember entering into a franchi...

Do your research: don’t get caught by a franchise scam

Although not particularly common, franchise scams do happen. As the Australian Competition and Consumer Commission’s ScamWatch points out, these scams often come in the form of a pyramid scheme dressed up as a reputable franchise. These scams or often found advertised online. Potential victim...

Do your research: don’t get caught by a franchise scam

Although not particularly common, franchise scams do happen. As the Australian Competition and Consumer Commission’s ScamWatch points out, these scams often come in the form of a pyramid scheme dressed up as a reputable franchise. These scams or often found advertised online. Potential victim...

Common legal issues for franchises and how to avoid them

Purchasing a franchise can be a great way to get into business ownership. You’ll get an established name, marketing, and assistance running your business.Marsh & Maher lawyer Marianne Marchesi, a franchising law expert, says there are two common legal issues that arise when franchising, and both ...

Common legal issues for franchises and how to avoid them

Purchasing a franchise can be a great way to get into business ownership. You’ll get an established name, marketing, and assistance running your business.Marsh & Maher lawyer Marianne Marchesi, a franchising law expert, says there are two common legal issues that arise when franchising, and both ...

Making homeownership accessible again with CoHome

Above: Josh and Damian from CoHomeIt’s getting harder and harder for young people to own a home and Melbourne-based startup CoHome wants to change that.CoHome is an online platform that makes it easier for individuals to purchase houses together. Users can set up a group and manage all aspects of...

Making homeownership accessible again with CoHome

Above: Josh and Damian from CoHomeIt’s getting harder and harder for young people to own a home and Melbourne-based startup CoHome wants to change that.CoHome is an online platform that makes it easier for individuals to purchase houses together. Users can set up a group and manage all aspects of...

Enforcing confidentiality agreements and NDAs

Is it worth going to the trouble of pushing potential investors to sign a confidentiality or non-disclosure agreement (NDA)?It’s a question commonly posed by many startup founders. Particularly given the fact that many potential investors will flat out refuse.Even so, Gadens partner Richard Partr...

Enforcing confidentiality agreements and NDAs

Is it worth going to the trouble of pushing potential investors to sign a confidentiality or non-disclosure agreement (NDA)?It’s a question commonly posed by many startup founders. Particularly given the fact that many potential investors will flat out refuse.Even so, Gadens partner Richard Partr...

Startups, confidentiality agreements, and fundraising

When startups are trying to raise funds, one concern for founders is how to protect their intellectual property and sensitive business figures.One way founders try and do this is through confidentiality agreements or non-disclosure agreement (NDA).According to LegalVision, a confidentiality agree...

Startups, confidentiality agreements, and fundraising

When startups are trying to raise funds, one concern for founders is how to protect their intellectual property and sensitive business figures.One way founders try and do this is through confidentiality agreements or non-disclosure agreement (NDA).According to LegalVision, a confidentiality agree...

The Australian entrepreneur’s guide to government grants

Grants, even the small ones, can be an extremely valuable source of funding for startups and small businesses. But it can be difficult to track down those that apply to your business. Below you’ll find a handy guide to help make that process a little bit easier.NationwideAccelerating Commercialis...

Business structure basics: companies

A company is a business that has shareholders who own the company and directors who run it. Companies can be private or public. When a business is listed as a public company, the public can buy shares to invest in the company. However Gadens partner Richard Partridge suggests this isn’t a great o...

Business structure basics: companies

A company is a business that has shareholders who own the company and directors who run it. Companies can be private or public. When a business is listed as a public company, the public can buy shares to invest in the company. However Gadens partner Richard Partridge suggests this isn’t a great o...

Business structure basics: sole traders and partnerships

In Australia, business owners have the option to structure their business in a number of ways. Two such structures are partnerships and sole traders.How a business owner chooses to structure their company will have tax and legal ramifications, and impact how important business decisions are made,...

Business structure basics: sole traders and partnerships

In Australia, business owners have the option to structure their business in a number of ways. Two such structures are partnerships and sole traders.How a business owner chooses to structure their company will have tax and legal ramifications, and impact how important business decisions are made,...

Intellectual property tips for startups

Too often, startup founders neglect intellectual property law, which can lead to big problems further down the road.Here are some intellectual property law tips for startups from Madgwicks Intellectual Property expert Dudley Kneller.1. Remember: a registered business name is NOT intellectual prop...

Intellectual property tips for startups

Too often, startup founders neglect intellectual property law, which can lead to big problems further down the road.Here are some intellectual property law tips for startups from Madgwicks Intellectual Property expert Dudley Kneller.1. Remember: a registered business name is NOT intellectual prop...

Accelerators, incubators, and you

For startup founders trying to get their idea off the ground accelerator and incubator programs can be a big help. So what’s the difference between incubators, accelerators and hackathons? IncubatorsProvide access to cheap working space shared with other startup founders.Enter any time.Unstructur...

Accelerators, incubators, and you

For startup founders trying to get their idea off the ground accelerator and incubator programs can be a big help. So what’s the difference between incubators, accelerators and hackathons? IncubatorsProvide access to cheap working space shared with other startup founders.Enter any time.Unstructur...

Three legal issues to consider when founding a startup

Starting a business can be a daunting prospect. Startups can be unpredictable, so it’s important to set expectations among the founding team right from the very beginning, according to Nick Hitchens, LawAdvisor lawyer and the founder of Sydney-based Hitch Advisory.Start with a good shareholders a...

Three legal issues to consider when founding a startup

Starting a business can be a daunting prospect. Startups can be unpredictable, so it’s important to set expectations among the founding team right from the very beginning, according to Nick Hitchens, LawAdvisor lawyer and the founder of Sydney-based Hitch Advisory.Start with a good shareholders a...

Five intellectual property law mistakes startups should avoid

Too often, startup founders neglect intellectual property law, which can lead to big problems further down the road. Speaking at LawAdvisor’s Hack your Legals workshop in Melbourne recently, Madgwicks Intellectual Property expert Dudley Kneller outlined the top five IP law mistakes made by fou...

Startups undervalued, underserved, by legal profession

The legal profession’s reluctance to embrace new technology, and the efficiencies that come with it, is hurting startups,  according to MoneyPlace compliance officer Megan McMullan. Prior to joining MoneyPlace, McMullan spent time working with Melbourne-based law firm Holley Nethercote, the Austr...

Startups undervalued, underserved, by legal profession

The legal profession’s reluctance to embrace new technology, and the efficiencies that come with it, is hurting startups,  according to MoneyPlace compliance officer Megan McMullan. Prior to joining MoneyPlace, McMullan spent time working with Melbourne-based law firm Holley Nethercote, the Austr...

What does the future of legal services look like?

Automation is coming, whether lawyers accept it or not. That was the conclusion of a group of experts speaking at LawAdvisor’s first LawHack, held in Melbourne on Wednesday night.LawAdvisor legal product manager, Simon McKenzie was joined by Envato legal counsel Peter Tsipas, Lexis Nexis Head of ...

What does the future of legal services look like?

Automation is coming, whether lawyers accept it or not. That was the conclusion of a group of experts speaking at LawAdvisor’s first LawHack, held in Melbourne on Wednesday night.LawAdvisor legal product manager, Simon McKenzie was joined by Envato legal counsel Peter Tsipas, Lexis Nexis Head of ...

Legal industry's natural aversion to risk stifles innovation

Innovation in the legal industry is stifled by the very different way lawyers and entrepreneurs do business, according to LexisNexis’ Jim May.“Lawyers are deeply trained to think about risk, which is almost the opposite of entrepreneurialism,” he says.“This risk orientated view makes lawyers cons...

Legal industry's natural aversion to risk stifles innovation

Innovation in the legal industry is stifled by the very different way lawyers and entrepreneurs do business, according to LexisNexis’ Jim May.“Lawyers are deeply trained to think about risk, which is almost the opposite of entrepreneurialism,” he says.“This risk orientated view makes lawyers cons...

LawAdvisor: building a community, not just a business

Startups need lots of legal help. That’s why LawAdvisor participated in an event organised by Startup Victoria last Monday to put a group of Melbourne startups in the room with some of Australia’s leading lawyers to chat about the legal issues commonly faced by startups.LawAdvisor sits at the jun...

LawAdvisor: building a community, not just a business.

Startups need lots of legal help. That’s why LawAdvisor participated in an event organised by Startup Victoria last Monday to put a group of Melbourne startups in the room with some of Australia’s leading lawyers to chat about the legal issues commonly faced by startups. LawAdvisor sits at th...

LawShorts: Robbins Watson Solicitors' Christine Smyth

“While we might accumulate a great deal of wealth or assets in our lifetime, the greatest thing we will leave behind are the relationships that we’ve created over a lifetime.” That’s what Christine Smyth has learnt during her time as a Queensland Law Society Accredited Specialist in succession la...

Planning for your family’s future

When it comes to ensuring your rights, and the rights of your family, are protected there is nothing more important than setting up a will.Yet just 59% of Australians have a will. And of the other 41%, just 22% expect to set one up in the near future. But few people make a deliberate decision not...

LawShorts: Nest Legal’s Laura Vickers

Meet Laura Vickers, the founder of Nest Legal, a Victoria-based legal practice created solely to help families navigate the law.Nest Legal focuses on wills and end-of-life planning, home ownership, and dispute advice. These services are offered for a fixed price so families have peace of mind whe...