June 30, 2020

Anti-Phoenixing Laws and Director Penalty Notices

Anti-Phoenixing Laws and Director Penalty Notices Important Updates for Directors Company directors should note new laws increasing their exposure to personal liability for certain debts and creating new criminal offences and civil penalties under the Corporations Act 2001 (Cth). The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020, as the […]
June 30, 2020

COVID-19 Important updates for financially distressed businesses

COVID-19 Important updates for financially distressed businesses This material is general in nature and incorporates information regarding proposed or pending legislative changes to address the potential economic and other impacts of the Coronavirus (COVID-19) pandemic. On 22 March 2020, the Australian Federal Government delivered its second response to the economic […]
June 30, 2020

You said what? All about defamation claims

You said what?  All about defamation claims ‘He said’, ‘she said’, ‘they said’. Defamation cases can attract a lot of attention in the media, particularly when they involve well-known celebrities like Rebel Wilson or Geoffrey Rush. Defamation cases, however, are not exclusive to those with a high profile. Use of […]
April 17, 2020

Contractual obligations in a COVID-19 world

Contractual obligations in a COVID-19 world With the advent of COVID-19, there have, of course, been substantial changes to the global economy and the way we go about business. More challenging, these impacts continue to be in flux as the virus wreaks havoc around the world. As this crisis deepens, […]
April 17, 2020

Data and privacy implications in a COVID-19 world

Data and privacy implications in a COVID-19 world There is no question data privacy and security are essential. From a commercial perspective, a single company – and no, not just Amazon – may possess the personal information of millions of customers. It is increasingly important this data be kept private and […]
April 17, 2020

Workplace management in a COVID-19 world

Workplace management in a COVID-19 world There have been unprecedented initiatives, recommendations and measures undertaken by public authorities in light of COVID-19. The problem is these have, in some cases, been knee-jerk reactions often based on insufficient information and which may ultimately lead to questionable financial outcomes for both employers […]
April 17, 2020

Commercial Leasing and COVID-19

Commercial Leasing and COVID-19 Mandatory Code of Conduct released The economic impact of COVID-19 on business generally, and commercial leasing arrangements has been the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles […]
April 17, 2020

Unfair dismissal at the end of a fixed term contract. What?

Unfair dismissal at the end of a fixed term contract. What? Fixed-term employment contracts are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English (‘Navitas’) [2017] […]
April 17, 2020

Applying for Substitution in Winding Up Proceedings

Applying for Substitution in Winding Up Proceedings In winding up proceedings, if the debtor company pays out the applicant’s debt, the Court has power to order the substitution of another creditor as the applicant for a winding up. The substitution process can be very cost-effective and efficient because after substitution, […]
March 20, 2020

Alternative Dispute Resolution Explained

Alternative Dispute Resolution Explained Litigation can be a costly and time consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) and their respective benefits and limitations.   What is ADR? The term ADR […]
March 20, 2020
Can company directors divert business opportunities

Can company directors divert business opportunities?

Can company directors divert business opportunities? A director’s position in a company is one of power and trust. As a consequence, a director has a duty to act in good faith and in the best interests of the company. A director’s obligations are determined by statute under the Corporations Act […]
March 20, 2020
How an ABN clerical error cost a company $23 million

How an ABN clerical error cost a company $23 million

How an ABN clerical error cost a company $23 million The Personal Property Securities Act 2009 (Cth) (PPSA) provides a national framework for registering interests in personal property. These interests are recorded on a central register known as the Personal Property Securities Register (PPSR). Registration on the PPSR is an […]