Gavin McInnes

Gavin McInnes

Is eConveyancing Now Mandatory for Property Settlements in Queensland?

eConveyancing is the use of a web-based platform to conduct property settlement transactions. The eConveyancing platform facilitates the preparation, execution and lodgment of land title documents electronically and allows financial settlements to occur digitally through the electronic transfer of funds. There are currently two approved Electronic Lodgement Network Operators (ELNOs) in the market: PEXA and Sympli.

What are SAFTs & How Do They Mitigate Crypto Regulatory Risk?

The idea for the SAFT is derived from the ‘Simple Agreement for Future Equity’, or SAFE. The SAFE has been widely used for financing purposes among early-stage companies, and acts as an investment instrument alternative to convertible debt. Although SAFE templates can differ, the overall goal was to create a set of basic funding terms startups and investors can adhere to while deferring decisions about valuation, liquidation preferences and participation rights until later-stage rounds of financing.

Are Media Outlets & Businesses Liable for Defamatory Social Media Comments?

Given media outlets’ widespread use of Facebook and other social media platforms to share content and reach consumers, the decision left the law in a state of uncertainty and the media outlets appealed. The NSW Court of Appeal affirmed the decision and the media outlets appealed to the High Court. Recently, the High Court affirmed the Supreme Court and Court of Appeal decisions by a 5 to 2 majority. The High Court’s decision ushers in a new era for defamation law in Australia, as it meets technology and communication in the 21st century, and has far-reaching implications for organisations that use social media. The US network CNN recently became the first major international media company to disable its Facebook pages in Australia in response to the decision, after Facebook refused to disable the comment function.

What are NFTs & How Do Copyright & Moral Rights Apply to Digital Assets?

A non-fungible token is a unique digital certificate that functions as proof of ownership, or authenticity, of a digital asset – but it is not the asset itself.

In the context of digital artwork, a unique code or token (the NFT) is created which corresponds with the artwork, usually a limited edition of the work. In this way, NFTs are analogous to the title deed in relation to a house, or a certificate of authenticity for a limited edition physical artwork or record.

'Non-fungible' simply means the token cannot be interchanged with another, unlike the way in which bank notes or Bitcoin can be interchanged. Because NFTs are non-fungible, and because they are stored in a blockchain (more on this below), this has enabled an entirely new market in digital artworks to be created whereby digital works can be readily bought and sold.

What is Greenwashing & How Can Directors Avoid Misleading Climate Disclosures?

The term “greenwashing”, is one that describes conduct that is misleading as to the environmental characteristics of a company, product or project. It can also include paying lip-service to decarbonisation and net-zero goals (sometimes referred to as ‘green wishing’) in order to capitalise on the goodwill often attached to companies perceived to have positive green credentials.

Can Data Be Traded Like Shares? Understanding the Future of Data Exchanges

On the demand side, AI to learn needs to ‘drink’ from vast, diverse data pools collected from multiple sources. On the supply side, many companies also are looking at how to ‘monetise’ data for uses outside their own business. We are heading into a world of ‘data as a commodity’, but what would a data trading environment look like?

The World Economic Forum has been working up a model of ‘data exchanges’ operated by data marketplace service providers (DMSPs).

How to Navigate the Initial Public Offering (IPO) Process & ASX Listing Rules

This guide provides an overview of the process for conducting an initial public offering (IPO) in Australia and sets out, at a high level, some of the key legal and structuring issues relevant to a company seeking to conduct an IPO and list on the Australian Securities Exchange (ASX). There are a variety of reasons why a company may consider an IPO, including to raise capital and provide additional financial flexibility and access to capital markets to pursue growth opportunities.

How to Use Non‑Disclosure Agreements (NDAs) to Protect Confidential Information

Sharing knowledge and information is often necessary when running an organisation, including not-for-profit and/or charitable organisations. In some cases, this knowledge and information might be confidential. For example, it might contain trade secrets or donor lists which could cause monetary or reputational harm if made public. One way to protect against the risk of harm, whilst still sharing confidential information, is to enter into a non-disclosure agreement (NDA).