Alton Legal Employment, IP & IT Law practice assists businesses, employers and individuals to manage their workforce obligations while protecting and commercialising the intellectual property and digital assets that underpin their operations. We provide clear, practical and strategic advice across a broad range of employment, intellectual property and technology matters, helping clients reduce risk, resolve disputes and support sustainable growth in a rapidly evolving commercial environment.

Our services include:

  • Employment contracts and workplace policies — drafting, reviewing and advising on contractual terms, performance management, workplace conduct and compliance.

  • Workplace disputes and litigation — acting in unfair dismissal matters, general protections claims, discrimination disputes and workplace investigations.

  • Wage, award and entitlement compliance — advising on modern awards, enterprise agreements, statutory entitlements and employer obligations.

  • Intellectual property protection — advising on trade marks, copyright, designs, confidential information and infringement issues.

  • Commercialisation of IP — preparing and negotiating licences, assignments, technology transfer agreements and related commercial arrangements.

  • IT and technology contracts — drafting and reviewing software development agreements, SaaS agreements, cloud services contracts and procurement agreements.

  • Data protection and privacy compliance — advising on privacy obligations, data-handling policies, cross-border transfers and cybersecurity risks.

  • Digital operations and online compliance — assisting with website terms, e-commerce compliance, platform governance and consumer law requirements.

  • Dispute resolution — representing clients in employment, IP and technology-related disputes across tribunals and courts.

We work closely with clients to safeguard their commercial interests, strengthen their digital and operational capabilities and ensure their workplace, intellectual property and technology frameworks support their broader business objectives.

Not entirely. Unregistered marks may still be protected under passing off or misleading conduct provisions, though evidentiary thresholds are higher.
Not necessarily. Unless the work is created in an employment context or copyright ownership is clearly assigned by contract, the creator may retain ownership.
No. Termination must comply with the Fair Work Act 2009 (Cth), and unlawful dismissal may expose employers to legal claims.
Yes. Under Australian law, copyright protection arises automatically upon creation of an original work, without any registration requirement.
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Blog & News

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Australian employment law: understanding general protections under the Fair Work Act
Yvonne Guo17 November 2025
The Fair Work Act provides a robust safety net known as 'General Protections' to ensure that employees are not treated unfairly for exercising their workplace rights or for personal attributes like race, age, or gender. Understanding these protections is vital for both employers and employees, as the penalties for contravention are significant and the legal burden of proof often shifts to the employer to prove they did not act with unlawful intent.
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Intellectual property ownership in employment contexts
Wayne Smith12 August 2025
Under Australian law, the default rule is that intellectual property created by an employee during the course of their employment belongs to the employer. However, the boundaries of "during the course of employment" are frequently contested, particularly in the age of remote work and side projects. Understanding the nuances of the Copyright Act 1968 and the specific terms of an employment contract is vital for both businesses protecting their intangible assets and employees pursuing creative endeavours outside their primary roles.
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