Start-ups are on the rise, as is the number of young entrepreneurs taking on the role of company director. A company director, whether sitting on the board of an ASX-listed company or a small organisation, has to be clear on the duties and obligation...
Excerpt: Part 5.3A of the Corporations Act 2001 (Cth) (the Act), titled ‘Administration of a company’s affairs with a view to executing a deed of company arrangement’, codifies an extensive regime of rules and protocols which govern...
Despite being 15,195 kilometres apart, Britain’s decision to leave Europe has been described by some as a ‘king hit’ to Australia. Whilst Australia is unlikely to suffer any permanent scars from this blow, Australia will be forced t...
A recent NSW Court of Appeal decision brings new meaning to the term ‘buyer beware’ and is a warning to carefully monitor statements that a target makes to its employees during a merger. Following a claim by two employees, the Royal Bank ...
Many companies refer to their standard Terms and Conditions when entering into a contract for the supply of goods or services with another party. But what happens when two parties disagree as to whose T&Cs should apply? In this article, we exami...
The recent decision by the Supreme Court of New South Wales in Alceon Group Pty Ltd v Rose [2015] NSWSC 868 is of particular relevance to lenders and solicitors advising guarantors in third party guarantee transactions. Christopher Rose was a directo...
Author: Antonia Vo Judgement Date: 20th August, 2015 Citation: IAG Limited t/as NRMA Insurance v Gilshenen [2015] NSWSC 1165 Jurisdiction: Supreme Court of New South Wales [1] In brief Medical Assessment Service (MAS) assessors retain the discretion ...
Recent decisions indicate that a party to a contract can pre-authorise novation of that contract. Pre-authorised novation can be useful for a business that may have a future need to transfer customer contracts to a third party (e.g. on the sale of it...
Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...