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22.01.2022 Most businesses trade with the benefit of a corporate structure. The key benefit is that a company is a separate entity and the liability of the shareholders is limited to their capital contribution (typically a nominal amount). That is, if the underlying business fails then the debts remain those of the company, not the directors or shareholders (exceptions for failure to pay super, PAYG, etc). In theory, that sounds almost too good to be true! The reality is a little different. Click to learn more: http://www.blanchardlegal.com.au/trading-account-guarantees/

22.01.2022 http://www.blanchardlegal.com.au/copyright-ownership-of-ke/

20.01.2022 http://www.blanchardlegal.com.au/funding-your-global-expan/

20.01.2022 I was asked in mid-October to act for the owners of a registered training organisation (RTO) to assist with its sale. A basic term sheet had been signed with the buyer and they both wanted to complete before the end of the month. Due diligence was underway, but unfortunately there was not a confidentiality deed in place. That was the first item to address. Read More: http://www.blanchardlegal.com.au/recent-sale-of-business/

17.01.2022 Big brother is looming larger. The government has introduced legislation to implement a director identification number regime. All people who act as a director will need to apply for their unique DIN. It is aimed at illegal Phoenix activity.

17.01.2022 Designs in 3D products generally do not enjoy copyright protection. In the intellectual property world, generally, if you industrially design a 3-dimensional product then unless you apply for a design registration for that product then you lose any copyright protection for that product once you industrially apply it (create more than 50 copies of it). You must also apply for registration before you go public with it (i.e. make the application while it is still under wraps, and make sure it stays under wraps until you do so). Read More>> http://www.blanchardlegal.com.au/works-of-artistic-craftsm/

17.01.2022 https://www.surfingaustralia.com/SurfingQueensl//ripcurl-1 The announcement that Rip Curl has been sold brings to fruition the potential of a sale that has been germinating for a long, long time. The founders, Doug Warbrick and Brian Singer, and the other shareholders, will now receive a significant pay day. The desire for a pay day in one form or another harkens back to the early 2000s when James Strong, then CEO of Qantas, was appointed to the Rip Curl Board, then seen ...as an indication of a potential IPO (which never eventuated). Rip Curl was the last of the 3 big surf brands (Quiksilver and Billabong being the other two) to remain in private hands. All three brands were born and raised in Australia, but Quik and Bong flew the coop a lot earlier. The sale price as announced was $350m. Based on the last publicly released financial figures for Rip Curl as at 30 June 2018 (so a little old), the price represents an EBITDA multiple of 8.5x (or 3.15 x Net Assets). RIP Rip would make a pithy tagline, but truth is the brand will hopefully continue to thrive and grow under new ownership. See more

14.01.2022 See new article on fabric design and copyright at www. Blanchardlegal.com.au/fabric-design-and-copyright

12.01.2022 Not bookends, so neither the beginning (that was 27 years earlier in 1973) nor the end (still going). But significant milestones in Billabong’s journey. It’s listing in 2000 and it’s acquisition in 2018 by private equity and becoming siblings with old rivals Quiksilver. Some argue that surf doesn’t live well in a public listed environment and currently the reality reflects that.

11.01.2022 http://www.blanchardlegal.com.au/an-off-the-cliff-risk-of-/

11.01.2022 www.blanchardlegal.com.au/use-of-trademarks-in-a-corporate-

03.01.2022 Life is uncertain and involves risk. Some people love taking physical and sporting risks. Most noticeably, extreme sports, like rock climbing, downhill skiing and big wave surfing. This article discusses how the laws have changed as a result of people taking on these risks and being injured in the process. Broadly speaking, individuals can’t just sue somebody else if an accident inevitably happens. Read more>... http://www.blanchardlegal.com.au/tragic-injury-economics-j/ See more

02.01.2022 Crowd funding to buy shares is relatively recent development in Australia and is a good way to help fund a business. This is the first I have seen of a fashion brand doing it.

01.01.2022 I am down in Melbourne at the International Sourcing Expo. Rows and rows and rows of exhibitors hawking their products. I am at the Australian Fashion Council’s stand offering counsel to industry participants about their legal needs and risks. #AustralianFashionCouncil.

01.01.2022 The tale of Her Fashion Box Pty Ltd (HFB) is a 101 about how not to operate a fashion start-up, and, how not to treat employees. Her Fashion Box Pty Ltd sold fashion and beauty accessories to consumers via an on-line subscription model. Early in its life it received an investment of $200,000 via the TV program Shark Tank. HFB had three employees, all of which it underpaid by a total of $40,543. That underpayment no doubt helped its cash-flow and bottom line, at the expense ...Continue reading