IP Ownership for Startups: Getting the Structure Right from Day One
For many startups, intellectual property is the primary driver of enterprise value. The software architecture, proprietary systems and data assets developed in the early stages form the foundation for future growth, strategic partnerships and access to capital. Despite this, ownership is often assumed rather than formally or correctly documented. As startups prioritise development and speed […]
Master Services Agreements – A Clause-by-Clause Guide for Saas/IT Providers
A well-drafted Master Services Agreement (MSA) does more than define the legal boundaries of a relationship – it sets out the practical, day-to-day rules that determine how a technology partnership actually functions. For SaaS providers, software developers, IT consultants and managed service providers, these clauses shape everything from how scope is managed and billed, to […]
Master Services Agreements: What is the purpose of a Statement of Work?
When a business engages a SaaS provider, software development team or IT consultant, two documents usually appear early in the process: the Master Services Agreement (MSA) and either a Statement of Work (SOW) or an Order Form. These documents often arrive together, which leads many people to assume they serve the same function. In reality, […]
Master Services Agreements: Your Essential Guide
Overview Master Services Agreements (MSA) are fundamental in shaping how two businesses work together over the course of an ongoing commercial relationship. Despite this, many organisations only come across MSAs when they begin formalising repeat engagements or moving from ad-hoc work to a longer-term partnership. This guide explains what an MSA is, why it matters, […]
Company Constitution vs Shareholders’ Agreement: What’s the Difference? (and How the Replaceable Rules Fit In)
When setting up or running a private company in Australia, you’ll encounter three key governance frameworks the company constitution, the shareholders’ agreement, and the replaceable rules under the Corporations Act 2001 (Cth). Each serves a different function, applies in different ways, and can have very different legal consequences. Understanding how they interact is essential to […]
CPS 230 Compliance for Service Providers: Selling to Banks and APRA-Regulated Entities
Prudential Standard CPS 230 came into effect on 1 July 2025, reshaping how banks, insurers and superannuation funds manage operational risk and third-party arrangements. While the standard applies directly to APRA-regulated entities, its impact is being felt across the broader financial ecosystem. Regardless of whether you are a cloud, data-processing, IT vendor, payments provider or […]
Share Buy-Backs for Private Companies: A Practical Guide for Australian Business Owners
Thinking about running a share buy-back in Australia? Whether you’re buying out a departing founder, simplifying your cap table, or returning capital to investors, a well-run buy-back can be a smart strategic move – provided you follow the legal steps carefully. Our corporate lawyers help Australian private and unlisted companies plan, structure and complete compliant […]
Climate Reporting Has Arrived – Here’s What It Means for SMEs
Australia’s climate reporting framework is undergoing a significant transformation, with mandatory disclosure requirements for large entities in effect as of 1 January 2025. Reporting obligations for second phase reporting entities will come into scope from 1 July 2026, followed by smaller reporting entities from 1 July 2027.[1] While climate reporting laws[2] don’t directly apply to […]
How Listed Entities are Falling Foul of the New ESS Regime
ASX entities who rely on Listing Rule exemptions to issue securities under their employee incentive schemes, and who also rely on the streamlined disclosure requirements in Division 1A of Part 7.12 of the Corporations Act may be inadvertently in breach of the provisions of the new employee share scheme regime (ESS Regime). Falling foul of […]
Embrace Change: Why You Need to Update Your Australian Employee Share Option Plan
If you haven’t updated your employee share plan yet, now is the time to act. On 1st October 2022, significant amendments to the Corporations Act came into effect, altering the regulations governing employee share schemes (ESS) in Australia. These changes were designed to make it easier for startups and other businesses to attract and retain […]