Author: Glenn Ferguson

9 June 2020

Should I register my trade mark overseas?

“Let’s get ready to rumble!” is a phrase recognised around the world. 🥊🎙️ Famed wrestling and boxing announcer Michael Buffer must have known his catchphrase would take off when he started using it in the ‘80s. Since having it trade marked in 1992 around the world, he has reportedly made more than $400 million by […]

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19 May 2020

Trade marks – Passing off and Misleading and Deceptive Conduct in the Burger Wars

A recent decision in the Federal Court of Australia matched the American burger giant In-N-Out Burgers against a Sydney burger restaurant called Down N’ Out. It certainly was a David and Goliath battle and gave an insight on how a court will look at trade mark infringements. In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd [2020] […]

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20 April 2020

Asset protection through a gift and loan back strategy

How to protect your equity in your house or assets against claims from unsecured creditors In today’s world it is risky being in business. Your assets, including your house, can be on the line. One of the most effective strategies you can put in place to protect your assets is commonly referred to as a […]

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17 April 2020

Terms and Conditions of trade for your business

The Terms and Conditions (Ts & Cs) of Trade go to the heart of any relationship with a business and its customers and/or clients. It is important that any business has clear and unequivocal Ts & Cs to ensure commercial expediency when forming a contract with their customers. It is the cornerstone of being able […]

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14 April 2020

Employee entitlements when buying or selling a business in Queensland

One of the most important assets of any business is its employees and it is imperative that when you are buying or selling a business, you appreciate how they are going to be dealt with during the process. It is very important that you get expert legal advice in relation to your obligations with employee […]

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31 March 2020

Foreign Investment Review Board (FIRB) changes in response to global pandemic

The Commonwealth Government has moved quickly it would seem to stop foreign nationals buying up Australian assets at bargain basement prices in the current crisis. The threshold for any foreign investment from Sunday 29 March 2020 is now $0. The Treasurer announced that all proposed foreign investments into Australia subject to the Foreign Acquisitions and Takeovers […]

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30 March 2020

Setting up, buying or selling a business in Queensland

Embarking into the world of business requires careful planning and an understanding of your legal and financial obligations. There are several ways of entering into business. You can buy an existing business, buy the shareholding in an existing corporate business, buy a franchise or set a business up from scratch. On the other side of […]

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23 March 2020

Warranties and Refunds – what a business needs to know

In Australia a consumer is protected when they purchase any goods and services by the Trade Practices Act 1974 (Act). A consumer is a person or corporation who acquires: goods or services normally meant for personal or household purposes any other type of goods or services costing less than $40,000 a commercial road vehicle or […]

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19 March 2020

Employer obligations to employees in the coronavirus (COVID-19) pandemic

Employers all over the country are struggling with how to look after and manage their workforce and employees. There is no doubt we are in unprecedented times not just here in Australia but across the globe. Employers and businesses are facing significant workplace health and safety, logistic, supply chain and financial issues and pressures. An […]

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17 March 2020

Force majeure and frustration in commercial contracts and coronavirus (covid-19)

In these increasingly uncertain times, both in Australia and globally with Coronavirus (COVID-19) the terms Force Majeure and Frustration is increasingly being discussed in the context of commercial contracts. What is Force Majeure? This is commonly known as the ‘Act of God’ clause. In very simple terms it is an event beyond the control of […]

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