News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
In our article The year ahead for directors: what’s in store for 2019?, we highlighted that one of the developments in store for directors ...
Many directors are familiar with their statutory duty to act in the best interest of their company. This broad sweeping obligation recently came under review in the Final Report of the Financial Services Royal Commission. Commissioner Hayne was crit...
A lightning rod for the attention of commercial lawyers and their clients alike is when proceedings concerning directors’ duties goes to the High Court. The issue in question? Limitation periods. Specifically, at what point do they start ticking? If,...
When one thinks of misleading and deceptive conduct, one often thinks of large companies misleading their customers about their products. In those circumstances, it is uncontroversial that the company is to bear the penalty. But what happens if the m...
The Personal Property Securities Register (PPSR) commenced seven years ago on 30 January 2012. Since then, registering and monitoring securities over personal property through the register has become an intrinsic practice for both bu...
Commissioner Kenneth Hayne’s final report for the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released yesterday to reveal his recommendations to re-install public trust in the conduct, practice...
The Australian Securities and Investment Commission has indicated that its New Year resolution is to be much more litigious. The comments, made by new Commissioner Sean Hughes earlier this month come in the wake of recommendations by Commissioner Dan...
The Federal Government has progressed a number of legislative initiatives that will impact on directors and are likely to come into effect in 2019 if they go ahead. The proposed new laws include significantly increasing civil and criminal penalties f...
This article contains a summary of two recent developments in case law and legislation, which significantly increase the penalties that companies and their directors may be liable for misleading and deceptive conduct in breach of the Australian Consu...
