Education

An Introduction to Intellectual Property

“Intellectual Property” is a phrase that is often thrown around these days. Most people understand that it can be valuable, that it can be an important element especially in today’s highly competitive markets. However, most people do not understand what it actually consists, and what rights go with it. | read more...

Dealing with Bad Debt

Managing and dealing with your cash flow is very important for anyone in business, but a failure to manage bad debts may be highly damaging to a small business. As a small business, you must be always mindful of this situation, especially in the current economic climate. | read more...

Estate Planning - Enduring Guardian

We all prefer to decide for ourselves how we live, where we live, what kind of medical treatment we should be receiving, or what kind of services we should get. Unfortunately life sometimes throws us into unexpected situations and may render us unable to make those decisions for ourselves.

An enduring guardian is someone you choose to make personal or lifestyle decisions for you when you are unable to make these decisions for yourself. You can specify what kind of decisions your guardian can make and you can also direct your guardian how to carry out those decisions. | read more...

Unhappy with your carpet cleaning service?

If they have a situation where they feel like the clean up was insufficient and perhaps there is mold or something growing inside the walls, then they should probably contact some kind of indoor environmental professional. We call those IEPs for short and they could range from an industrial hygienist to a certified restoration company depending on the situation. They should get a third party opinion. Most of the time, if there is an insurance company involved with the insurance claims, the adjuster will recognize something that's sub-par. Occasionally they won't say much because it costs them more money, but usually they are pretty honest people. As far as the scams are concerned, it might be cleaned up and every thing is satisfactory but the price was outrageous. If that is the case, there is little we can do at this point because it has already happened. | read more...

Credit Ratings and Credit Records

In Australia, your credit records are not collected and maintained by the Government – instead they are collected by credit reporting companies. | read more...

Case Study: Assignment of Copyright

Recently the Federal Court handed down an interim decision for a case involving the classic Australian song, “Kookaburra sits in the Old Gum Tree”. The plaintiff, Larrikin Music Publishing Pty Ltd (“Larrikin”) has brought proceedings against the composers of the song “Down Under” and the owner and licensee of “Down Under” (“EMI”). Larrikin claims that the song “Down Under” was written using a substantial part of “Kookaburra”, and this infringes on their copyright.

The composers and EMI argued that Larrikin did not own copyright in the song. They argued that Ms Sinclair, the composer of “Kookaburra” had entered the song into a competition by the Girls Guides Association of Victoria. A condition of the competition was that all matter entered was to become the property of the Guide Association. | read more...

Involved in a Motor Vehicle Accident? Practical advice on dealing with the situation.

It is always frightening to be involved in a Motor Vehicle Accident. Regardless of how it happened, the situation does not call for you to lose your cool. Be calm, consider the circumstances, and attend to the situation.

Practical Steps
If you are involved in an accident, you should do the following (not necessarily in order): | read more...

  1. Check if the driver of the other vehicle is fine.
  2. Get the details of the driver and the owner of the other vehicle. Remember – the driver is not necessarily the owner! In addition to this, get details about the other driver’s licence number, the other vehicle’s registration, and if the other vehicle is insured.
  3. If the accident is serious, you must call police immediately.
  4. Otherwise, you should call the NSW Police Assistance Line – 131 444 – within 24 hours.

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Terms of Use: Managing Risk in Web 2.0

The Web 2.0 era is characterised by the fundamental shift in how people interact with information. No longer does information flow in one direction – opportunities now exist for the consumer of information services to contribute, provide feed back, criticise, or determine if the content is newsworthy. This high level of interaction is typically considered a boon.

However, as with anything, when engaging in such activities one must be mindful of the potential risks that come along with it – and this is doubly true for hosts of content or webmasters. In addition to considering if content is potentially defamatory, or libellous, one must also consider issues such as copyright, privacy, and control.

If you are a webmaster or a service provider or some sort, these risks can often be managed by a combination of: | read more...

  • having a clear and effective Terms of Use;
  • actively policing your user base for breaches of the terms; and

Drafting a Terms of Trade

Many small to medium sized businesses supply goods and services on the basis of informal agreements. Sometimes disputes between the parties can arise out of misunderstanding as to what the agreement really is. In most cases having a written “Terms of Trade” can avoid this sort of misunderstanding. Simply put, the Terms of Trade are the terms of the contract between the parties. Terms of Trade can also assist in standardising transactions, managing debtors and minimising bad debt.

As of such, it is fully recommended that every small to medium sized business should have its own Terms of Trade.

Some common matters included in Terms of Trade: | read more...

  • The Parties
  • The Goods or Services Provided
  • The Price
  • Delivery
  • Payment
  • Time to Pay
  • Default
  • Warranty
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