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Legal perspectives from our expert lawyers
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Two individuals have recently been dealt jail sentences in circumstances where their contravention of work health and safety (WHS) duties had fatal consequences. The decision to order a custodial sentence in these cases signals an in...
Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...
ASIC has provided an update yesterday on their implementation of Hayne’s Royal Commission recommendations, promising to commit to the 12 recommendations directed at the regulatory body earlier this month in order “to strive for a fair, strong and...
Two recent decisions in the Fair Work Commission have considered the issue of when an employee can be dismissed for making a derogatory or insulting comment. As these cases highlight, the context in which a comment was said and any past acts of misco...
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 ...
The recent decision of the Federal Court (Besanko J) in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93 illustrates the critical importance for administrators and liquidators of complying with the requiremen...
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,...