News & Blog
Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
On 19 February, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 (the Bill) was passed by both the upper and lower house in Parliament. Significantly, the Bill will amend the Corporations Act ...
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...
In our article published last week, we mentioned an update to many Modern Awards, to include provisions giving casua...
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,...
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...
In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated association. In this article, we re-examine the principles with which the Court will have regard when determi...
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...
The federal government has recently established a “Phoenix Hotline” to allow members of the community (particularly creditors, employees and competitors) to report phoenix activity to the ATO, which may trigger an investigation into dishonest directo...
The decision in Donau Pty Limited (formerly Forgacs Engineering Pty Ltd) v ASC AWD Shipbuilder Pty Limited (No 2) [2018] NSWSC 1589 (Donau v ASC) is a timely reminder of the limitations of an Offer of Compromise in affording a succes...
