Business lawyers specialising in technology and intellectual property law, management and commercialisation

Dilanchian Lawyers & Consultants

Dilanchian Lawyers & Consultants

Electronic signatures are legal

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electronic_signatureA court decision this month has gives further guidance on when electronic signatures might be legally accepted under law in Australia.

The case was the 13 August 2010 decision in Getup Ltd v Electoral Commissioner [2010] FCA 869.

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Private equity or private debt? Beware the Ides of March.

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pe_brutuspe_brutus_reverseNot a day passes without news or concerns expressed about private equity taking on bigger businesses for acquisition.

The latest in Australia is an emblematic deal. It is the A$370 million bid by Archer Capital Pty Ltd to acquire Rebel Sport Ltd. It overcame a key hurdle yesterday when the bid was approved by a requisite majority of Rebel shareholders.

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"Wow factor" snares copyright breach of architectural plans

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architecture_blueprintIn September 2007 the Federal Court of Australia ruled on the question of copyright in project homes and plans for them. Barrett Property Group Pty Ltd v Metricon Homes Pty Ltd [2007] FCA 1509 was an action between two competing project home developers in the market in Victoria.

The breach of copyright claim was made by Barrett Property Group Pty Ltd trading as Porter Davis Homes. It claimed Metricon Homes Pty Ltd had copied certain project homes and architectural plans for them, commencing with the "Seattle 31" model.

The case is a lesson on the nature and extent of evidence required to win a architectural plan copyright infringement case. If you read to the end you'll see that the numbers in this court case don't talk, they scream. An appeal has been filed and is scheduled for February 2008.

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Business law versus business process and competency

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businessmen_by_windowOne of the key contemporary challenges for entrepreneurs and entrepreneurial ventures remains this: that without proper businesss processes and business competencies, opportunities disappear.

Informed commentators often note that the level of competition in markets has led to an emphasis, especially in recent decades, on competition at a deeper level than just products and services.

The deeper level is competition created by innovation in business process and business competency. It's part of improving productivity by working smarter, not harder.

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Successful partner visas overcome the 12 month rule

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hense_ozPartner visa applications take up about 25% of Australia's migration intake. There are two types. Firstly, Spouse Visas (for married or de-facto heterosexual couples). Secondly, Interdependency Visas (mainly for gay or lesbian couples).

To apply for a Spouse Visa for a married couple, the marriage has to be recognized under Australian law. It does not have to be conducted in Australia.

The rules for de-facto couples and gay or lesbian couples are very similar. Generally both require the couple to have lived together for 12 months. The 12 month rule and the exceptions to it are discussed in this article.

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