Cloud computing is already a big part of our lives; though, often, we don’t realise we are using it. Partly, no doubt, that is the intention. The name itself encourages fuzzy thinking and its users are blissfully unaware of what lies behind the image on the screen.

Cloud computing has been around, as an idea, for decades – since the 1950s, in fact – and has been used widely in practical popular services such as Hotmail, Facebook, YouTube, Gmail and Dropbox for many years now. By definition, a cloud computing service is any service that allows you to load information into a cyber locker that is located elsewhere from the computing hardware you operate.The new services have brought with them new ways of copying and storing text, photos, films and music. All acts capable of infringing the Copyright Act, if done without permission or authorised without permission. When you load information into a cloud, do you still own the copyright on that material? By loading it, are you already infringing copyright? And, more precisely, can the person who stored it for you make copies of that material? And who is legally responsible for any infringements associated with the upload and sharing of that material?

When the next financial year begins, entities registered with the new Australian Charities and Not-For-Profit Commission (ACNC) will be subject to six proposed governance standards and new reporting obligations in three categories depending on their annual revenue. If your organisation is going to be affected by the new regime, you can let Treasury know your thoughts by way of a written submission, applications for which close on the 15th of February.

A good general manager is an asset to any organisation.  They will keep the Board apprised of any changes, will be proactive and will implement the directions provided by the Board in an efficient and timely manner.  Boards can sometimes, however, place too much reliance upon that person and detailed systems of checks and balances, specific authority limits and close monitoring are essential at all times.

Articles on managing "difficult employees, an update on the Patel case, guidance on causation under the Civil Liability Act, practical transitional issues of the National Health Reform and an update on the Clinical Trial Reform in Australia.

Articles on Medico-Legal, regulation of health professionals, the not-for-profit reform, the personally controlled electronic health records, aged care and the proposed new code of practice on workplace bullying.

Implementation of the Personal Property Securities Act 2009 (PPSA) was set to commence on 31 October 2011. However, there is a degree of uncertainty as to the commencement date due to some difficulties which were encountered during the User Acceptance Testing of the web interface. In the meantime, it is important that businesses consider what steps they need to take to ensure they are ready.

Articles on Health, Medico-Legal, Life Sciences, Retirement Living and Aged Care plus Workplace Safety law and a Food Safety Update of Hospitals and Aged Care Facilities.

A recent matter before the Federal Court has highlighted the difficulties that shareholders may have in accessing the accounts and books of a company in which they hold a material interest.

The lesson to be learnt from the following case is that the terms of access to the books and accounts of a company should be made clear in a shareholders agreement.

If it is the intention of the parties to allow shareholders access to the relevant material, then that right should be established as an unfettered right rather than one conditional upon further action, conduct or approval by the Board.

The Paid Parental Leave Scheme ('PPL') commenced on 1 January 2011 in accordance with the provisions of the Paid Parental Leave Act 2010.

New parents who are primary carers of children born or adopted after this date are eligible to apply for the PPL payments. Such entitlements are available to all categories of employees, including casuals and may apply to contractors in certain circumstances.

The PPL operates in conjunction with any current entitlement that an employer provides to its employees under its employment contracts or policies.

The James Hardie case stems from proceedings brought by ASIC against former James Hardie Industries Limited Directors in relation to approval of a draft ASX Announcement at a Board meeting. The announcement was found to be misleading in relation to the ability to meet the claims of asbestos victims. Trial judge, Gazell J held that the Directors breached their statutory duty in approving the Announcement. The Directors were ordered to pay $30,000 in pecuniary penalties and were prohibited from managing corporations for five years.