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Do I Need A Trade Mark?

This article talks about whether you should register a trade mark.  A trade mark is a right that may be granted over a word, phrase, letter, number, sound, smell, shape, logo, picture or packaging that your business uses to represent its products and services. Company Name…
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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:…
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September 22, 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.…
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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…
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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…
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August 19, 2020
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Breach of Software Development Contract

Clients often ask lawyers "What do I do when someone breaches our software contract?".   If you believe someone has breached a contract, you firstly need to be aware of exactly how it was breached and the level of the breach that occurred.  This will allow…
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August 19, 2020
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Letter of Demand for Breach Of Contract

If the other party to your contract has breached the contract, you may consider sending a letter of demand.  Please note that a letter of demand is very different than a statutory letter of demand, which I will cover in another article. What is a…
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August 19, 2020
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What is a letter of Demand?

If the other party to your contract has breached the contract, you may consider sending a letter of demand.  Please note that a letter of demand is very different than a statutory letter of demand, which I will cover in another article. What is a…
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August 19, 2020