Starting an Online Business: A Quick Legal Checklist! By Grace Cue

Starting an Online Business: A Quick Legal Checklist!

Author Grace Cue

Everyday I am contacted by lawyers who are ready to make a leap; maybe they’re working on a side-hustle to compliment their legal life, maybe they’re productising their IP to add a competitive edge to their business (something I highly recommend you explore) or maybe they’re putting law land to the side to focus on a completely new and different endeavour. Whatever it may be, I think you’d be challenged to find a lawyer who hasn’t at one point thought about what more they could offer. 

I’m sure I don’t have to tell lawyers that no matter how creative and fun starting a new business can be, your legal obligations around this time are not to be taken lightly. As a family lawyer, setting up businesses is not really my thing but lucky for me (and you!) some of our legal colleagues have set up some great tools to help us along the way!

This week, Grace from Law Squared-  a firm known for its clever solutions for new businesses of all shapes and sizes- is here to take us through a few of the things we need to think about when it comes to start ups in law.

Clarissa. 

You have a great idea for a product or service, you have your website up and running, and you’re getting ready to go to market online. It’s an exciting time and the last thing you want to think about is your company’s and your website’s legal compliance. But it’s an important step to take to ensure that disputes over the use of your website and the purchasing of your products/services don’t arise, or if they do, that you have the right protections and agreements in place to protect both you and the consumer.

There are many legal considerations when it comes to creating an online business and as part of my work at Cubed by Law Squared I am able to share some of the most important steps to ensure that you begin your startup journey on the right foot. 

Use of Your Website by Customers

You might have a very clear idea of what your website and products or services will be used for but this is not always obvious to the people who visit your website. A well-drafted Website Terms of Use (WTOU) is integral as it allows you to articulate the purposes and the permitted uses of the website. It also gives you the ability to indemnify yourself in the instance that someone uses your website for an unauthorised purpose.

Engagement with Your Customers

Terms and conditions are also a useful document to put in place for your website particularly to govern any monetary or service exchanges. Website Terms and Conditions create IP rights, and impose rights and responsibilities on both the user and the owner of the domain. A Terms and Conditions document ought to contain details about how a commercial transaction unfolds. How do your customers pay for and receive your goods and services? How much do they have to pay for them? Having these details set out in black and white helps to prevent unnecessary disputes arising and allows for speedy dispute resolution.

Privacy of Your User's Information

If throughout the course of your business you are collecting, using or storing your customer’s information you need to have a privacy policy in place to govern these processes. Privacy Policies should be bespoke and tailored to your business, the way you handle and collect data and the purpose for which you collect that data. Your privacy policy needs to be compliant with Australian Privacy Laws and also may need to contemplate the General Data Protection Regulations (GDPR) applying to all European Union citizens. It is critical to understand that if your business collects sensitive information (as defined by the relevant laws), then your data handling and collection needs detail attention.

Intellectual Property

On a website intellectual property (IP) can encompass anything from the name of the company and its logo to the source code in the background. Protection of your IP is important to a company as it preserves your rights to those elements now and into the future and stops others from using them unnecessarily unless permission is given through an IP Assignment or Licence Agreement. 

Protection of IP often is a process of trademarking your designs, logo and name (among other elements of your website). If you are looking to commercialise or protect your IP for the benefit of your business, you can contact the team at Cubed by Law Squared for more information.

Returns and Defects for Online Product Sales

Return policies and product defects often arise in the area of consumer law when online businesses selling goods end up in trouble with consumers and in serious situations, with the ACCC. It is often tempting, or seems logical, to exclude returns or exchanges on items or goods purchased more than three months ago; however, ensuring you are compliant with consumer laws is important. Some key areas where businesses get it wrong on returns:

  1. ‘We do not provide refunds’ – this is a breach of the Australian Consumer Law and should not be written anywhere on your website;
  2. ‘No refunds on sale items’ – same as above
  3. ‘Major faults vs. minor faults’ – 
    • If MAJOR – the consumer can elect to have a replacement or a refund for the goods or services
    • If MINOR – the consumer has a right for the fault to be repaired without a refund

This is a image of Grace Cue

Grace Cue

Law Graduate & Legal Project Officer at
Law Squared

Hi! I am Grace a Law Graduate and Legal Project Officer at Law Squared. 

After first beginning my time at Law Squared as a Legal Project Officer in early 2018, I  have moved into the position of Graduate Lawyer within the Employment + Workplace Relations team. 

I am eager and excited for what the future holds, currently working behind the scenes, creating content, providing day-to-day support, and exercising my developing legal skills in the employment law arena, under the guidance of Andrew Brooks and Catherine Brooks. 

At the same time, I am currently undertaking my PLT at Leo Cussen part-time. Outside the office, I enjoy playing sport, going to escape rooms, and coaching my old high school badminton team on weekends. Otherwise, I am is often found playing guitar or playing video games with my partner Ryan.

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Give your Final Year your Best Shot! By Jelena Dmitrovic

Give your final year your best shot!

By Jelena Dmitrovic

The start of another year of uni is fast approaching! Thinking back on my uni days I remember the feeling of dread at the thought of the summer holidays coming to an end and another year of assignments and exams ahead. For those of you heading into your final year this is an incredibly exciting and important time so this week recent graduate Jelena Dmitrovic is sharing her tips on how to make the most of your final year. 

Clarissa

Hello again my fellow happy law students and law graduates! 

The hectic time that is the final year of university has meant that I have been a bit quiet on the blogging front lately but I am back and with university now being finished I have every intention to come up with more reading material for the Happy Lawyer Happy Life community. 

After taking some holiday time at the end of last year, I have recently made a big transition from final year law student to law graduate at Brisbane Family Law Centre. As part of this transition I have found myself reflecting on the year that was 2018 and so I have decided to take this opportunity to share some of my learnings with you from my final year. 

Have some 'Me Time!'

As you read this you should still have a few weeks of holidays left; use this time to have a proper rest and to recharge your batteries for the year ahead. In between classes, assessment, work and applying for graduate positions, the reality is final year will likely be your busiest and most intense year. I know that most of us use holiday time to work as much as we can to boost that bank account that takes a bit of a fall during semester however, it is equally as important to make sure that you spend your holidays doing the things that bring you joy and that you normally wouldn’t get the chance to do whilst the semester is underway. Catch up with that friend that lives a while away, go and see the new exhibition at the Art Gallery, go to the beach as many days as you can! Generally just do whatever makes you happy because the good times you have over the holidays and the memories you make will give you the energy to keep pushing on through what is likely going to be the most demanding year yet. 

Set Goals and Take the LEAP!

Before the semester starts again and even before you have done your enrolment for the following semester, spend some time thinking about what you would like to achieve in your final year. By the end of my third year I was pretty tired and so I thought the easiest thing to do for my final year would be to take the easiest electives with the lightest assessment load even if I had absolutely no interest in the content. I thought it would be a good idea to just coast through my last year just so that I could feel a little bit more relaxed and have a little bit more free time than the previous years. I know that at this point you are on the doorstep of graduation, you have been studying consistently for at least 4 years, you have crammed incredible amounts of information into your brain and produced countless assessment items and you are just ready for it to be over and done with now! So this suggestion might come from left field but I encourage you not to take your foot off the gas right now, don’t take the easy way out. While doing the easy electives might give you more free time and create less stress in your life, spending a whole year studying something you have absolutely no interest in will probably end up feeling like a chore by the end and it likely won’t give you the sense of achievement and satisfaction as you will get from working hard and giving final year your best shot. So take the leap and enrol into the Honours program or take that elective that sparks your interest even if it has a big assessment load. It might be hard but you’ve made it this far, you’re definitely strong enough to get through one more year and as I said, I think you’ll gain more from taking the challenge than just coasting along.

Slow Down and Enjoy the Ride!

It is no secret amongst university students that even the mere thought of the end of holidays and the first day back can bring about a sense of dread, without mentioning the thought of assessment now taking up what free time you had during holidays. Like you, I too have found myself having an internal whinge on the first day back and thinking ‘holidays flew by too fast’ and ‘I don’t want to go back yet’! In my final year though, I tried really hard to look forward to my first day back and I encourage you all to do the same. Think of it this way, this will be your last first day back at uni as an undergraduate; if you reflect on your journey to uni, you might come to realise that your last first day is pretty special so try to enjoy it. Once you are back into the swing of things, try to make a conscious effort to slow things down. I encourage you to enjoy the learning process, the steady routine of scheduled classes, the time you get to spend with your friends at uni. This year is important because it is your last opportunity to do these things as an undergraduate so try not to rush the time or wish it away. 

Treat Yourself!

When you finally make it through to the other end, when the semester has come to a close and graduation is imminent make sure you enjoy graduation, celebrate all your hard work and the adventures ahead of you with your friends and family and most importantly, have some uninterrupted ‘me time’ before you start your new work or study commitment. Do something to treat yourself for your continued commitment and achievements over the course of your undergraduate studies – go on an overseas adventure, book in a spa day for yourself, buy yourself those clothes or the pair(s) of shoes you’ve been eyeing off for a while now; whatever it is again, make sure you take this time to celebrate yourself, your incredible achievement and do the things that bring you joy!

I have turned my tips into a downloadable for your desktop, picture frames or instagram!

Happy Friday and weekend everyone!

Jelena

This is a photo of gorgeous Jelena Dmitrovic

Jelena Dmitrovic 

Blogger and Happy Law Student 

Hello! I’m Jelena, a PLT student at The College of Law and Legal Graduate at Brisbane Family Law Centre.

My path to law school took some twists and turns and I am grateful for the learnings I have gained along the way: embrace every opportunity that comes your way, even when is seems more like a setback than an opportunity, as nothing is ever wasted. 

Along my journey in law land I have enjoyed pursuing my interest in family law both at university and through volunteering at the FLPA Family Law Residential 2017, attending networking and professional development events, and partaking in work experience programs. 

In November 2017 I had the pleasure of joining the BFLC team and within this unique little firm I have made some great work friends and gained an incredible amount of practical experience in just a short time. 

If all goes to plan I will be admitted at the end of 2019 and until then I look forward to all the new experiences that are yet to come my way as a Graduate and of course spending as much time in the outdoors as possible.

I would love to connect with you on LinkedIn and Instragram

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To the Graduating Class of 2018! By Kiarah Grace Kelly

To the Graduating Class of 2018!

Author Kiarah Kelly

The last few weeks of this year have seen the usual Christmas chaos for most of us but for many of the students around us, these weeks have been filled with Graduation ceremonies- those important days when all of that hard university work is finally acknowledged and the next big step in their professional lives is about to begin.  To bring us into Christmas and celebrate all of those of you who have been throwing those graduation hats in the air, Kiarah is back with a wonderful piece that makes for perfect reading for law students, graduates and even the most seasoned of lawyers.

Clarissa. 

I dedicate this post to all the 2018 Graduates out there, I think you’re amazing. You’ve poured over hundreds of thousands of typed words, stayed up far too late to complete a task only to get to bed and not be able to fall asleep because you were worried the work you did was not enough. Maybe you woke up on too many mornings thinking that your day ahead was too difficult, too full. Maybe you juggled five classes, a part-time job, your families’ expectations, work experience, clerkship applications, maybe a few breakups, definitely some fun times and absolutely a handful of free LSA lunches in exchange for sitting through yet another PLT presentation AND you endured all of this madness all while trying to remember that the footnote needs to go AFTER the full stop (wait, was that just me?). In October of this year I was asked to deliver the Graduating Student Address to the end of year Law Ball at my university. I thought I’d reproduce my speech as a blog post here where you’ll find my anecdotes of my time at law school, a few attempts at humour and me doing by absolute best to do justice to the unbelievable hard work of my fellow 2018 Graduates. I don’t claim to have all the answers, I just simply don’t. In fact, I’m terrified of what lies ahead for me and I need your help with that; I have put together a list of lessons I’ve taken from the interwebs and from those more clever than I, a list of promises that I think we can look back to when we need them, as I fear the hardest parts of our journeys are still ahead.

1- Let's promise to make friends without fear!

There will be times in our career that we will second guess ourselves, where we will fear what we propose to do next, and that’s okay! Remember that every single thought you’ve ever had and ever will have, is founded in biology in some way. Fear is the brains tool used protect us. Fear stopped you when you were climbing trees as a child just at the moment where you were about to climb too high. Fear taps you on the shoulder each time you cross the road, just to remind you to look both ways. Fear isn’t anything to be scared of, I like to think that fear can become a sort of friend who is just trying to look out for you. I guess you also have to know when to tell your fears to step aside, that you’ve got this and that you’re gonna give whatever scary thing happens to be in front of you your best shot.

Which brings me to promise number 2- Let's promise to be kind to ourselves.

Ralph Waldo Emerson said that the only person you are destined to become is the person you decide to be. I believe that with everyone buzzing around this crazy world at a million miles an hour, the most important relationship we will ever have is the one we have with ourselves. You’ll never speak to anyone nearly as much as you will speak to yourself, so don’t you dare spend your whole life putting yourself down. 

3- Let's not ever be boring!

Now there were plenty of quotes I found about being different when I consulted the all-knowing Google Image search, but, in keeping things simple I decided to use a quote by Sir Richard Branson; “it is only by being bold that you will ever get anywhere”. And to be honest, I’m going to listen to Sir Rich on this one (I don’t think we should doubt the guy who is responsible for sending people into space, for fun)! No but seriously, there is no greater injustice then you failing to be yourself. I believe that if you for some reason keep a part of yourself from the world, they’re not going to miss it, it’s only yourself that you are cheating, it’s a part of your own life your declining to live. So, don’t be boring!

4- Let's not forget to put out the fishing net.

We’ve all no doubt heard from those our elder that should we make it to the top of our own personal summit that you’ve got to put out the ladder so that you can help someone else get a leg up, too. That way you’ve got someone to celebrate with, yeah? This all-important lesson has been particularly focused around women supporting other women, but I think it’s one all people should try to live by. Author Kristin Ferguson says that in 2018 we’ve got to ditch the ladder and instead use a fishing net. That is, raise as many people as you can up with you on your journey to success, this way you can turn that party of two into a proper shindig and you’ll have a whole lot more people beside you, the more the merrier! I believe if you’ve done the work, no one can take that away from you, let’s ditch the competition. 

Last but not least, promise number 5- Do your best to weather the storms.

In 1999 Baz Lurman reworked into music an essay by advice columnist Mary Schmich and he called it ‘the Suncreen Song’. Schmich urges her readers to remember that most often, worrying is futile as “the real troubles in your life are apt to be things that will blindside you at 4pm on some idle Tuesday”. This simply means the most challenging moments in your life, the moments of tragedy and actual trial, you won’t ever even contemplate, and certainly won’t get a chance to worry about in advance. So, don’t sweat the small stuff.

To all the graduates of 2018 out there, Congratulations! I don’t know about you but the day I got to wear my robes and throw that $80,000 cap in the air, was one of the proudest days of my life. It’s no easy feat but we’re also so incredibly lucky to have access to the gift of a university education. I wish you all the very best, I can not WAIT to watch each and every one of the graduates I know and to those reading this blog post flourish and do amazing things.   

PS: Believe it or not this is my last post on the Student Edition of the Happy Lawyer Happy Life blog. To follow my adventures in lawland further you’ll have to find me on the Lawyers Edition of this fine website (I know, it’s weird for me too!) 

Kiarah

Kiarah Grace Kelly

Kiarah Grace Kelly

Blogger and Happy Lawyer

Hi! I am Kiarah Grace Kelly, I have just finished a dual Bachelors degree in Law and Government and International Relations at Griffith University on the Gold Coast. I tested my legal toes in the water at a boutique Gold Coast law firm before starting as a Law Graduate at Brisbane Family Law Centre in November 2018. I’ve just been admitted here in Queensland which makes me a Brand New Lawyer or #babylawyer as the BFLC gang likes to say. My sole practice area is Family Law.

I’m looking forward to writing about and sharing with you all that I can at this crazy-exciting but daunting stage of my career. I think there’s a need to talk about our experiences as early career lawyers so that we can all lean on each other as much as we can.

I would love to connect with you on Linkedin and Instagram!

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An Imposter’s Guide to Dealing with Bad Grades by Samara Wendt

An Imposter’s Guide to Dealing with Bad Grades! 

Author Samara Wendt

Grades- something you spend a lot of time thinking about at school and then at University but something I must say I have not had to consider for almost 20 years now!  And that I think sums up just how unimportant grades will ultimately become in your law life, however we can’t overlook the fact that achieving a certain grade will be necessary to land that degree and possibly that job!  

In this week’s Happy Lawyer Happy Life Blog ‘The Student Edition’ Samara Wendt shares her tips on managing some of the challenges we all have to face when our grades are not perhaps what we hoped.

(And just for the record- no-one ever looked at my GPA once I had my first job, and I must say I can’t remember the last time I asked a job applicant in my firm for theirs either…. ) 

Clarissa

The worst thing about ‘Imposter Syndrome’ is that there is no time of the year where it stops. During the academic semester, mid-semester breaks, waiting for grade release, and possibly the most crippling – grade release. During the semester the hard work you put in to try and prove to yourself that you belong is almost bearable by hoping that you might be alright in the end. But, once those grades are released and it’s not what you had hoped, the imposter thoughts are loud. Very loud. I will be the first to admit that I am no honours student. I thoroughly enjoy studying law and, frankly, I would not change it for the world. So, this is what I do and how I move forward when I don’t get the grades I had truly hoped for.

1. Chill Out!

Yes, I did just tell you to chill out. Yes, I know it’s really hard to do at a time like this but remember you have completed your assessments and there isn’t a lot you can do now. Every semester my stress release after all assessment is handed in is to cry. I just cry. It is not necessarily because I am sad, it is just built up stress being released and afterwards I feel great! If you need to do this, then do it! But, do not sweat on the issue of your grades. Do not work yourself up so much that you go through every emotion either trying to blame yourself or blame someone else for the end results. You will not win. Just chill out. 

2. Reflect on the Semester

While I did say not to work yourself up blaming anything for your bad grades, it is okay to reflect and consider events in your life that may have impacted your grades. Life does not stop just because you have a 2000 word research assignment due on Thursday, AND THEN a mid-semester multiple choice quiz 8:30am the following morning. Last year, I was in a job that was not working for me. While I wanted so badly to overcome the difficulties and do well, I needed to realise I had done all I could to make the job work and needed to just move on. This was an incredibly stressful and emotional time for me while trying to succeed in 4 university subjects with 3 group assignments. Needless to say, I did not get the high distinctions I wanted. I took time to consider the self-growth and character building I made during that time. Because there was a significant amount of both, and they are both achievements in themselves! I looked at the bigger picture as well, having character and life experience will also make me a better lawyer, not just having high distinctions. 

I am a firm believer there is also something to learn from every situation. Maybe you took on more hours in your job and it reflected in having less study time. You either learnt to make more hours in your day by sacrificing other activities, or you learnt that you need to either sacrifice some work hours or cut back on units next semester to manage the load. It is no loss either way because you learnt something. 

Also, reflect on what you have learnt in the unit; I guarantee you did learn something. Not all topics within a unit are equally assessed, so you need to acknowledge what you have learnt in the unit not just what was assessed. 

3. Consider Your Options

As far as I am aware, most universities allow grade reviews. If you truly feel that your grades could be looked over again, you can choose to do this. But, remember that in a grade review it is possible your grade could go down further. This is usually reiterated by unit coordinators in emails throughout the semester, as they continuously advise students to sit on their grades for a few days before applying for a review. Pretty much – chill out and come back to it. Allow time for your emotions to settle and your mind to level, before re-reading your assessment or viewing your exam, and the feedback provided. Try to do this as open minded and un-bias as possible. 

What if you failed the entire unit? Despite how you may be feeling, the sky will not fall down, and the sun will rise tomorrow. You do not have to believe me, but I have a feeling I am right about those things. It is not ideal and was not in your course study plan to fail a unit, but it has happened, and you cannot ignore it. Follow the steps above and take some time to process your result. Depending on your university/institution policies, your options moving forward may include re-sitting an exam, or you may need to re-sit the entire unit. Either way you are not the first person in that position and you will not be the last. Use the extra time on the unit to focus on the topics you fell down in, while also, revising and growing the knowledge you retained. Think of the character building and life experience!

End of semester grade release is a rough time for everyone not only ‘Imposter Syndrome’ sufferers. When you do not receive the grades you had hoped, take the steps above. But most importantly remember your unit grades are not a reflection of you personally and you should not let them define you personally. 

Good luck for your end of semester grade release! Connect with me on Instagram and Linkedin. I would love to hear how your academic semester and year have gone!

Samara Wendt

Blogger and Happy Law Student 

Hi! My name is Samara and I am an over opinionated, awkward and Imposter Syndrome suffering Law and Psychology student at the Queensland University of Technology. I never had that light-bulb moment when choosing to study law. I am not sure if many people so. But after witnessing injustice and suffering of those vulnerable in our world, I became determined to help. This is where going into law made sense for me. 

Despite believing in my purpose, I openly feel the dreaded law school Imposter Syndrome. You know, when you feel like everyone else has got ‘it’ together and you don’t even know what day it is. This year I became determined to embrace this clueless feeling by moving out of comfort zone. This included entering an Instagram competition with The Happy Family Lawyer which led me here! 

Here I am blogging about all things law school, student life and comfort zones in hopes to find fellow Imposter Syndrome suffers. 

Join the journey here on The Happy Law Student Blog and connect with me on Instagram and Linkedin

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