In Australia, a startup lawyer provides legal advice and assistance to startups and early-stage businesses. Here are some of the key areas in which a startup lawyer in Australia can help:  Entity formation: A startup lawyer can assist with selecting the appropriate legal structure for the business, such as a company, partnership, or trust. They can also help with the registration of the business and the preparation of the necessary formation documents.  Capital raising: A startup lawyer can help the business raise capital from investors, including drafting and negotiating investment agreements, shareholder agreements, and other legal documents related to equity financing.  Intellectual property: A startup lawyer can help protect the business’s intellectual property rights, including registering trademarks and patents, drafting non-disclosure agreements, and advising on strategies for protecting trade secrets.  Contracts and agreements: A startup lawyer can help the business draft, review, and negotiate a wide range of contracts and agreements, including employment agreements, service agreements, licensing agreements, and terms of service.  Regulatory compliance: A startup lawyer can help ensure that the business is compliant with applicable laws and regulations, including those related to data privacy, consumer protection, and anti-discrimination.  Dispute resolution: A startup lawyer can assist with resolving disputes

 If you’ve ever had to sign a contract, you know how confusing and intimidating it can be. That’s why contract lawyers exist – to help you make sense of all that legal jargon and to ensure that your rights are protected. They are also super at drafting and negotiation.   Contract lawyers may work on a wide range of contracts, including employment contracts, sales contracts, real estate contracts, and more. They may also assist with advising clients on contract-related issues such as breach of contract or contract interpretation.  So when do you need to engage a lawyer?!   It is time to engage a contract lawyer when you find yourself in one of these sticky situations:  You’re starting a new business, and you need help with contracts.  Starting a new business can be exciting, but it also involves a lot of legal paperwork. You’ll need contracts for employees, vendors, and customers, among other things. Engaging a contract lawyer can help you make sure that all of your legal bases are covered and that your contracts are in order.   You’re about to sign a contract, but you’re not sure about it.  You’ve been offered a contract, but you’re not sure if it’s legally

As an Australian business owner, you probably know that customer satisfaction, and client happiness is key to your success. But did you know that one of the best ways to ensure customer satisfaction is to understand the concept of consumer guarantees? These are the legal rights that customers have when they purchase goods or services in Australia, and they’re designed to protect their interests. Not only do consumer guarantees give customers peace of mind, they can also benefit your business in several ways. In this article, we’ll explore the benefits of knowing about consumer guarantees. Building trust with customers One of the most important benefits of understanding consumer guarantees is that it helps you build trust with your customers. By being aware of your customers’ legal rights and being willing to fulfill them, you demonstrate that you care about their satisfaction and value their business. If a customer has a problem with a product or service, offering a prompt and satisfactory solution can go a long way toward building their trust in your business. This, in turn, can lead to repeat business, positive reviews, and word-of-mouth referrals. Enhancing your reputation In addition to building trust, understanding consumer guarantees can enhance

Starting a business can be an exciting time for entrepreneurs, but it can also be a daunting task. There are many legal and regulatory issues to consider when starting a business, and navigating these complexities can be challenging for anyone who is not familiar with the legal landscape. Even though costs are tight, hiring a business lawyer is essential as a start-up in Australia. So what are the benefits of hiring a business lawyer?   Legal expertise  One of the primary benefits of hiring a business lawyer is their legal expertise. A business lawyer can provide you with valuable legal advice on a range of issues, including business structures, intellectual property, contracts, and employment law. They can help you identify potential legal risks and develop strategies to mitigate them, ensuring that your business operates in compliance with Australian laws and regulations.  Contract drafting and review  A business lawyer can help you draft and review contracts, such as client agreements, service agreements, lease agreements, employment contracts, and supplier contracts. They can ensure that these contracts are legally sound and protect your interests, and can also negotiate contract terms on your behalf to ensure that you are getting the best deal possible.  Intellectual

As an online business owner in Australia, you may be wondering if you really need to have online terms and conditions for your website or app. The short answer? Yes! Here are some of the benefits of having online terms and conditions for your business in Australia: Protect Your Business Online terms and conditions can help protect your business by outlining the rules and expectations for using your website or app. This can include things like copyright and trademark notices, limitations on liability, and restrictions on the use of your content. By having clear terms and conditions, you can help prevent misunderstandings and disputes that could potentially harm your business. Comply with Legal Requirements In Australia, businesses are required to comply with a number of legal requirements when it comes to online terms and conditions. For example, some businesses are required to have a privacy policy that outlines how they collect, use, and protect user data. Online terms and conditions can help ensure that your business is compliant with these requirements and avoid potential legal issues. Establish User Expectations Online terms and conditions can help establish user expectations and reduce the risk of user confusion or frustration. By outlining the

I often get asked how can I protect my secret recipe/ my unique biz method/ my software.  To fully understand how you can best protect your business secrets, it is best to really understand what is the difference between confidential information and trade secrets. Confidential information is an overarching word used to describe any information confidential to you. Things like your financials and marketing plans, customer and supplier lists come under the general category of confidential information. However, if “confidential information” was a bucket, inside that bucket would be a cup with  “trade secrets”.  Trade secrets include highly secret information like the Coke recipe, or the Google algorithm; imagine if you knew these! Trade secrets could be a secret manufacturing process, software source code, a unique tool, a raw material that is unique, a formula of ingredients for a particular product, an invention before filing a patent, or a business method… you get the idea.  There’s a bit of a hierarchy where trade secrets rank higher than general confidential information. For information to go from being confidential information to rise to the level of being a trade secret, it should not be known outside the business, it should be of

Important legal documents for your online store When you start selling online you should make sure you have 3 main legal documents in place. Firstly, you should have some general website terms to help protect your brand, copy and images, and to help protect you if there are errors or viruses on your website.  Secondly, you should have some “terms of sale, or “online store/shop terms and conditions” which set out various rules for how your shop will work. Generally they will discuss how orders, payment, delivery and refunds will work.  These terms should help you comply with the Australian Consumer Law, and limit your liability. Thirdly, you should also have a privacy policy, because when customers are purchasing from you, you will likely be collecting some of their personal information, and at least their name and address. If you need help with these documents, please contact us! Product descriptions for your online store Customers cannot physically touch your goods of course. So product descriptions on your website, and any images of your products on your website become an essential part of your customer’s experience. Where you upload pictures of your products, you may find that the images of the

It makes good business sense to have a privacy policy published on your website, and we encourage all small businesses to have one. Legally only certain businesses are required to have a privacy policy under Australian law, such as health service providers, businesses trading in personal information, contractors providing services under a Commonwealth act and businesses with a turnover of more than $3 million. However, some Australian businesses are also subject to European laws in relation to privacy, which are much stricter. These are called the General Data Protection Regulations, or GDPR. In this case, a business of any size will need to comply if they have some sort of office in the EU, or offer goods and services to EU customers, or if they monitor the behaviour of people in the EU. It even covers you if you collect email addresses from website visitors from the EU! This includes the UK! Despite “Brexit”, the UK has its own act which contains the same regulations as the GDPR, so be careful.   The GDPR has quite an expansive definition of personal information which includes anything from social media handles to tax file numbers and IP addresses. It gives customers a variety

 If you’re a hair stylist or makeup artist, booking weddings, balls, parties and other events, it’s important to make sure you have the right terms and conditions in place to protect you and your business.   What do I need to include in my booking terms and conditions?   Any time you book clients for your hair styling or makeup artistry services, make sure to sign a contract with them with the booking terms and conditions. This will give you legal protection if things don’t go as smoothly as hoped. Start off with a clause saying the client accepts all terms in the contract.   Next up, it’s a good idea to give a breakdown of your services, the cost and what’s included. This could be whether it’s hair or makeup, how long it will take to complete, what time the stylist/s will arrive, whether you are styling for multiple events during the same booking (explain what the differences will be between the looks), making sure you get all details from the client about what they want and if they have any additional requests they need to let you know before the booking (you can give them a timeframe). You

Whilst the “Roadmap to Freedom” is super exciting, and means many of you will be able to open your doors, there are some legal considerations we need to consider before doing so.   It’s been a painful time for businesses particularly in Victoria and NSW. Having to close doors as a hair dresser, retail store, recreation facility or restaurant has been difficult to say the least. But since NSW made the call that once we attain the 70% freedoms will begin, and that number was reached on Wednesday, then come Monday its reopening time for many. Exciting yes! Nervous about new requirements – of course.   Before reopening you need to make sure that you are operating safely and legally. One of the best ways to do so is to download and print all the COVID safe signs and posters, and display them. They will help remind you and your staff of the current rules. Also pop a note in the diary to download and print any updated ones.   Of course, it’s good business practice to let your customers or clients know you’ll be re-opening.  When doing so, make sure you let them know of any new rules that apply such as mask wearing, checking in social distancing, hygiene practices and customer capacity (generally this is 1 person for every 4 square metres). This communication is key to ensuring that customers are not under any illusions that your business will be operating under

All photographers and copywriters should have written agreements in place to ensure that the ownership of copyright in works is clear. When it isn’t, there can be disputes, and heartache.  Copyright law really involves a big bundle of rights that people have in their creations. These creations are defined as “works” under the law. The “works” of copywriters, content writers and authors is usually classed as a “literary work”, and the work of photographers is usually classed as a “photo” – makes sense. Even though there is no formal method of registration for copyright in Australia, and copyright happens automatically, there are a few hurdles to jump across before a work can attract copyright protection. Firstly, the “work” needs to be sufficiently original. Then it needs to have involved a sufficient amount of effort. These are nuanced legal concepts, but you get the idea. If you can establish that your work is original and involved a sufficient amount of effort, you don’t need to do anything further to get copyright protection. You don’t need to put the © symbol, even though it can be a good deterrent, and you don’t need to do anything else. However, it is always a