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The 5 Biggest Data Breaches in History

Do you trust large companies with your personal information? This article highlights the extent that personal information may be compromised.  When most people think about data breaches, they think of computer hackers gaining unauthorised access to systems through nefarious means.  However, data breaches not only occur through hacking attacks. This article discusses the 5 biggest data breaches in history that…
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November 12, 2020
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Notifiable Data Breach Scheme

This article provides information to businesses that are subject to the Privacy Act regarding their obligations under the Notifiable Data Breach Scheme. What is the Notifiable Data Breach Scheme? The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) amended the Privacy Act 1988 (Cth) to establish the Notifiable Data Breach scheme (NDB).  What Organisations Does the Notifiable Data Breach Scheme…
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October 28, 2020
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Employee Data Theft – Steps for Employers

If you think employee data theft is not a big problem, you will need to think again.  In fact, you will be shocked at the number of employees who said they were willing to sell data, such as computer source code and customer, supplier & employee data, and other confidential information (Data). In this article, we will discuss why employers…
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October 27, 2020
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Registered Trade Marks vs Unregistered (Common Law) Trade Marks

This article discusses the differences between registered trade marks and unregistered trade marks. There is a broad range of items that may be trade marked.  However, for the purposes of this article, we will confine the meaning of trade mark to be in the context of a name, slogan or a logo of a business. Common Law Trade Mark A…
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September 24, 2020
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What is the Difference Between an Agreement and a Contract?

What is an Agreement? The ordinary meaning of an agreement is where two or more parties agree to some form of arrangement.  For example, Jim promises to buy Jane lunch. There two predominant reasons why this agreement would not be legally binding upon the parties: Jim and Jane did not intend to be legally bound; and There was no consideration.…
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September 22, 2020
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Key Aspects to a Shareholders’ Agreement For A Startup Company

In this article, we will discuss the key areas that startup founders need to be aware of when drafting a shareholders' agreement for their startup.  This will also serve as a guide for things to discuss with your co-founders before having the document properly drafted. Please bear in mind, this is not intended to be an exhaustive list by any…
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September 17, 2020
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Applying to Set Aside Default Judgment

If default judgment has been entered against you personally, or your company you should get immediate legal assistance from a lawyer who is experienced in litigation.  This article sets out the requirements that your lawyer must consider when applying to have default judgment set aside. How to Set Aside Default Judgment There can be several circumstances where a person finds…
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August 23, 2020
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Default Judgment – How to Make the Application

Default judgment is a step in the litigation process where the plaintiff applies to the Court for judgment when the defendant fails to file a notice of intention to defend, a defence or otherwise fails to appear in Court. This article is to assist those who want to know how to apply for judgment by default ( Default Judgment) in…
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August 23, 2020
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Conditions vs Warranties in Contracts

CONDITIONS VS WARRANTIES There is sometimes confusion surrounding the differences between conditions and warranties.  In this case, rather than attempting to describe the differences myself, I prefer to turn to Jordan CJ’s summation in Tramways Advertising Pty Ltd v Luna Park (NSW) Ltd (1938) 38 SR (NSW) who aptly described the differences between conditions and warranties as: “If it is a…
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August 19, 2020
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Software Development Contracts – 5 Tips For Software Developers

Although there are many aspects to consider when drafting software development contracts, I have decided to draft my top 5 as they are the critical aspects that I have seen developers overlook or not properly address in their development contracts.  These tips for software development contracts are therefore not an exhaustive list. Scope of Works It is essential to have…
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August 19, 2020