Marketing, Branding & Digital Compliance Legal Services

Business Names

A business name is the name you trade under. It must be registered with ASIC (Australian Securities and Investments Commission) if you’re operating under a name other than your own.

Choosing and registering a business name is an important step in starting or growing your business—but it’s only part of protecting your brand.

Here’s how we can help:

• Business Name Registration – We handle the process of registering your business name with ASIC, making sure it complies with legal requirements and does not conflict with existing business names.
• Renewals & Ongoing Compliance – We assist with monitoring renewal deadlines and ensuring your registrations remain current.
• Disputes – If you are concerned about another business using a similar business name, we can advise you of your options.
• Trade Mark Protection – We advise on whether your business name should also be registered as a trade mark with IP Australia to secure exclusive rights and stronger enforcement options.
• Assignments & Ownership Changes – Whether you are restructuring, selling your business, or transferring ownership of the name, we prepare and manage all necessary legal documentation.

A registered business name does not equal brand ownership—but with the right legal advice, you can build a brand that’s secure, enforceable, and positioned for growth.

Domain name disputes

Domain name disputes can arise when a party registers a domain that conflicts with your trade mark, business name, or established brand.  We can assist you in resolving these disputes quickly and effectively, protecting your online presence and ensuring that your rights are enforced.

Our Services Include:

• Domain Name Dispute Resolution – We guide you through ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and .au Dispute Resolution Policy (auDRP) processes to challenge domain registrations.
• Legal Advice on Rights and Options – We assess whether you have grounds for a dispute and advise on the best course of action.
• Cease and Desist Letters – We draft and send formal notices to domain name registrants who are infringing on your rights, demanding the transfer or cancellation of the domain.
• Negotiation and Mediation – We negotiate directly with the domain registrant or assist in mediation to resolve the dispute without litigation.
• Litigation Support – If necessary, we can pursue legal action to recover a domain name or prevent further infringement.

A domain name is a critical part of your online identity.  By partnering with us, we can help you by addressing disputes and ensuring your digital assets are secure.

Trade Promotions

Trade promotions, such as competitions and giveaways, are a powerful tool for engaging customers and growing your business. However, they are heavily regulated in Australia, with strict laws governing how they must be structured and promoted.  We can help you navigate the complex legal landscape of trade promotions to ensure your promotions are compliant.

Our Services Include:

• Terms and Conditions – We assist in drafting clear and legally compliant terms and conditions for your promotions, ensuring all legal requirements are met and that your rules are fair to consumers.
• Compliance – We ensure your trade promotions comply with key regulations and laws, such as:
  • Australian Consumer Law (ACL), covering issues such as advertising, terms and conditions, and prize delivery.
  • State and Territory Regulations – including permit requirements in different Australian states and territories.
• Risk Management – We assess potential legal risks associated with your promotion and provide advice on how to mitigate issues like misleading advertising, privacy concerns, and liability for prizes.

Trade promotions are a great way to engage your audience, but legal compliance is crucial to avoid costly fines or reputational damage.  We can help guide you through the process.

Privacy Policies and Website Terms

In today’s digital age, having clear, compliant privacy policies and website terms is essential for businesses operating online. These documents not only protect your business but also ensure you comply with Australian laws, including the Privacy Act 1988 and the Australian Consumer Law.

By partnering with us, we can help you with:

• Privacy Policy Compliance – We ensure your privacy policy aligns with the Privacy Act 1988 (including the Australian Privacy Principles) and reflects how your business collects, stores, and uses personal data, including sensitive information. To find out whether your business needs to comply with the Privacy Act, see our article: Privacy Law in Australia – what you need to know | Coulter Legal.
• Website Terms and Conditions – We draft and review clear, comprehensive website terms, ensuring they cover key issues such as user rights, intellectual property, disclaimers, dispute resolution, and liability.
• E-commerce Compliance – For online stores, we ensure that your terms and policies comply with Australian Consumer Law, covering areas such as product descriptions, returns, refunds, delivery, and consumer guarantees.

Clear, well-drafted privacy policies and website terms are not just a legal requirement— they are a fundamental part of building trust with your customers. We can help you create documents that protect your business while ensuring transparency and compliance.

Cybersecurity Prevention and Management

As cyber threats continue to evolve, businesses in Australia face increasing pressure to protect sensitive data, maintain compliance, and manage the risks of cyberattacks.  We can help you understand your legal obligations and implement prevention strategies and response practices to safeguard against cybersecurity incidents.

Our Services Include:

• Compliance with Data Protection Laws – We guide you in complying with Australian Privacy Principles under the Privacy Act 1988 and other relevant laws, ensuring your cybersecurity measures meet legal standards for protecting customer data.
• Incident Response & Data Breaches – In the event of a cybersecurity incident or data breach, we provide immediate support to help you manage the situation. This includes legal advice on notifying affected individuals, reporting to the Office of the Australian Information Commissioner (OAIC).
• Cybersecurity Policies and Procedures – We help you draft or review internal cybersecurity policies and procedures, ensuring they align with industry best practices and legal requirements.

By understanding and adhering to the relevant cybersecurity legal requirements and implementing strong practices, businesses can mitigate risks, comply with regulations, and protect their sensitive data from cyber threats.

For more information on this topic, see our articles:

Defending Against Cyber Threats: Legal Obligations & Best Practices

Why you need a cyber security policy for your business | Coulter Legal