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Most Australians are broadly familiar with the Australian Consumer Law (ACL), which is a statutory regime that creates rights and obligations for trade and commerce throughout Australia. One of the most famous products of the ACL is ...
In the recent decision of In the matter of TCL Airconditioner (Zhongshan) Co Ltd (No 2) [2019] FCA 257 the Federal Court held that a Chinese company was amenable to the Australian jurisdiction and thus could validly be served with a statutor...
ASIC is tasked with registering and supervising liquidators who accept formal appointments as external administrators of companies in Australia, to ensure compliance with the law as well as with generally accepted professional standards, practices an...
The ability to lodge a caveat is a valuable form of security for a lender to possess to protect their interests. However, what is often overlooked is that in order to lodge an effective caveat, a party must have a ‘caveatable interest’. In
Welcome to the Autumn edition of Dynamics at Work – our first newsletter for 2019. Happy International Women’s Day for Friday, 8 March! With this year’s theme for #IWD2019 being #BalanceforBetter, it’s a great time for us all to reflect on what that...
The extent of ASIC’s power to reinstate a company, as well as what is meant by an ‘person aggrieved’ for the purposes of s 601AH of the Corporations Act, were recently clarified by Reeves J in the Federal Court case of ASIC v CFS Private...
The Federal Court of Australia in Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 handed down a significant decision which clarified the operation of "insolvency exclusion" clauses in a D&O liability insurance policy. The issu...
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 ...