I often get asked how can I protect my secret recipe/ my unique biz method/ my software.  To fully understand how you can best protect your business secrets, it is best to really understand what is the difference between confidential information and trade secrets. Confidential information is an overarching word used to describe any information confidential to you. Things like your financials and marketing plans, customer and supplier lists come under the general category of confidential information. However, if “confidential information” was a bucket, inside that bucket would be a cup wit ..read more

Things go wrong in business, we know they do, but how can you lessen the impact? How can you limit your legal responsibility, or as lawyers like to say, limit your liability? Is it by using disclaimers?  The best way is always to be proactive. To understand the legislation that applies to you and your business, to ensure compliance, and to have tight, well drafted legal agreements – with disclaimers in place. You may also decide to structure your business in a way that helps you to benefit from limited liability, such as setting up a company.   In Austra ..read more

Choosing a good trademark can be one of the best business decisions you will ever make. So when you start looking into branding as a startup, it should definitely be something you turn your mind to, and a trademark lawyer can help you. Most startups register their business name and domain name, some social handles and stop there. Of course these registrations are necessary, particularly your business name, (which should be registered with ASIC if it is not your own name) but these registrations do not stop other businesses in the market using the same or a similar name to you. By taking one ex ..read more

Before Covid-19 online law firms were often viewed with intrigue, but not taken seriously. “That model would never suit us” – “Our clients are different, they would only ever meet us in person”- “We couldn’t possibly have all our appointments online”. And “the cloud?! Oh well, that’s not secure”. Then, almost overnight, there was little other choice. Lawyers who wanted to continue to serve had to adapt, and quickly. Suddenly lawyers were asking – what’s that technology you use? You have an online law firm don’t you? How do I start? What do I do? Lawyers started using video conferencing softwar ..read more

Important legal documents for your online store When you start selling online you should make sure you have 3 main legal documents in place. Firstly, you should have some general website terms to help protect your brand, copy and images, and to help protect you if there are errors or viruses on your website.  Secondly, you should have some “terms of sale, or “online store/shop terms and conditions” which set out various rules for how your shop will work. Generally they will discuss how orders, payment, delivery and refunds will work.  These terms should help you comply with the Austr ..read more

It makes good business sense to have a privacy policy published on your website, and we encourage all small businesses to have one. Legally only certain businesses are required to have a privacy policy under Australian law, such as health service providers, businesses trading in personal information, contractors providing services under a Commonwealth act and businesses with a turnover of more than $3 million. However, some Australian businesses are also subject to European laws in relation to privacy, which are much stricter. These are called the General Data Protection Regulations, or GDPR ..read more

 If you’re a hair stylist or makeup artist, booking weddings, balls, parties and other events, it’s important to make sure you have the right terms and conditions in place to protect you and your business.   What do I need to include in my booking terms and conditions?   Any time you book clients for your hair styling or makeup artistry services, make sure to sign a contract with them with the booking terms and conditions. This will give you legal protection if things don’t go as smoothly as hoped. Start off with a clause saying the client accepts all terms in the contract. &nb ..read more

Whilst the “Roadmap to Freedom” is super exciting, and means many of you will be able to open your doors, there are some legal considerations we need to consider before doing so.   It’s been a painful time for businesses particularly in Victoria and NSW. Having to close doors as a hair dresser, retail store, recreation facility or restaurant has been difficult to say the least. But since NSW made the call that once we attain the 70% freedoms will begin, and that number was reached on Wednesday, then come ..read more

All photographers and copywriters should have written agreements in place to ensure that the ownership of copyright in works is clear. When it isn’t, there can be disputes, and heartache.  Copyright law really involves a big bundle of rights that people have in their creations. These creations are defined as “works” under the law. The “works” of copywriters, content writers and authors is usually classed as a “literary work”, and the work of photographers is usually classed as a “photo” – makes sense. Even though there is no formal method of registration for copyright in Australia, and c ..read more

What is a Mumpreneur?  No, really? Is it an entrepreneur who is also a Mum? And do we even like the word?   When I began The Mumpreneur Lawyer, I wanted to work with Mums who had started businesses, and who were entrepreneurial, so when I came across the word Mumpreneur, I was quite sure it encapsulated the people I wanted to serve. It is a convenient label for women in business. Like girlboss, bizqueen, and many other womeninbiz hastags #! But I’m not oblivious to the fact that some people really don’t like it. That it is patronizing, that being an entrepreneur should be gender fre ..read more