Receiving an offer from a publisher is an exciting moment. Nothing quite compares to the thrill of knowing that one day your work may be seen in print.

Lawyers are often the butt of jokes when it comes to how expensive we are. We get it. But if you are engaging a lawyer to sell (or buy) a business, the right lawyer can add value to your bottom line.

A range of factors affect whether or not an individual engaged to perform work is actually an employee or an independent contractor.

When considering whether an allied health worker is an employee or a contractor, one factor to consider is in respect of the provision of tools, equipment and other assets required to undertake the work.

The measure of control exercised by one party over the other is an important factor in determining the nature of the relationship between a purported contractor and principal, or employee and employer.

Workers in the allied health industry, such as nurses, doctors and other professionals may find themselves exposed to many different risks and hazards on a day-to-day basis, including lifting and moving patients and equipment; work-related stress; slips, trips and falls; exposure to infectious diseases and occupational violence.

The tax obligations on a practice in relation to an employment relationship are often perceived as being significantly more costly (and restrictive) compared to simply engaging a practitioner as an independent contractor. However tread carefully when making this decision, as getting your characterisation of a worker wrong can be even more costly and you may find yourself on the wrong side of the law.

Upon the termination of a relationship between the practice and practitioner, who will retain the patient records? Where will they be stored? Is the practitioner permitted to access the records, or make a copy?

Goodwill is the essence of any business, and can often be a business’ most valuable (albeit intangible) asset. The value of goodwill lies in brand identity or recognition, customer networks, positive customer and employee relations, and broadly speaking, reputation.

Determining whether an individual is an employee or contractor can leave you scratching your head. There is unfortunately little clarification in the context of superannuation entitlements and determining whether payments to a contractor are covered by the superannuation guarantee (SGC) regime further blurs the line between contractor and employee.

Medical, dental and allied health professional structures have and continue to be designed to engage professional staff that are labelled and treated as independent business operators known as “independent contractors”.

Although digital manipulation of images and video has been around for some time, the combination of software that improves the realism of the fake and the speed at which fakes can be generated and disseminated to targeted audiences has made headlines in the political sphere over the last year or so. The manipulation of video images using artificial intelligence has been called ‘deepfake’, a portmanteau of ‘deep learning’ and ‘fake’.

Although digital manipulation of images and video has been around for some time, the combination of software that improves the realism of the fake and the speed at which fakes can be generated and disseminated to targeted audiences has made headlines in the political sphere over the last year or so.  The manipulation of video images using artificial intelligence has been called ‘deepfake’, a portmanteau of ‘deep learning’ and ‘fake’.

Most new software for organisations these days is a ‘cloud service’.  While previously you bought a CD ROM that you popped in your computer and ran the program on that local computer, cloud software means that the program is running on a server somewhere else in the world and delivered to you via the Internet. 

At any stage of the procurement lifecycle – from tender writing to final negotiations – accurately and completely describing what you are buying is critical…and rarely straightforward.  Here are some of our thoughts on getting this right.

A “lack of probity” is often raised in a procurement context as part of a complaint that there is an element of perceived unfairness.  It is an easy allegation to make, and one that is often made easier when organisations do not take the time to understand probity and embed it into their procurement practices. 

In a recent decision, the Full Federal Court has found that trade mark owners can lose their registrations if they do not exercise proper control over their licensees.

One of our clients recently rebranded her business, and in the process changed its name. Her accountant had diligently registered a new business name for her. Unknowingly, she’d chosen a name similar to a competitor’s name – but it was different enough for ASIC to allow both registrations. Inevitably, the competitor threatened legal action.

“There’s no need for a distribution agreement – with payment up front, what could go wrong?”

“Distribution agreements are straight forward. Cover off on transfer of title and the ordering process and you’re set – right?”

We increasingly come across individuals or businesses that are self-filing trade marks and managing their own portfolios. Their reasoning – why pay a lawyer to do it, when I can do it cheaper? Well, here are a few reasons that might make you reconsider self-filing a trade mark.