An injunction in its simplest form is a Court order directing a person or entity to do a specific thing (Mandatory Injunction) or, more commonly, to not do a specific thing (Prohibitory Injunction). Whilst an injunction in itself can amount to final relief in a matter, they are generally sought on an interlocutory basis (Interlocutory Injunction) which is a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard by the Court. If a temporary order is granted it will generally become permanent if the applicant is successful in the larger claim. [Read more…]
Archives for February 2018
Shareholders’ right to information
14 February 2018 by
One of the tell tale signs of a shareholders’ dispute occurs when those with the access to information restrict access to it for others. It’s very common for us to see this. There are several reasons why a shareholder may require company information, primarily where a minority or oppressed shareholder loses control and is removed as a director. There may be reasonable suspicions that the company is financially unstable or the conduct is oppressive to its shareholders. These scenarios mean that a shareholder is not being provided with the full information on whether they are being oppressed. On its face the aggrieved shareholder may think that little can be done. This is not the case as the Corporations Act 2001 (Cth) (Act) provides for various mechanism for minority shareholders to obtain relevant information from the company. [Read more…]
Notifiable Data Breach Scheme commences 23 Feb 2018
7 February 2018 by
As of 23 February 2018 a new notifiable data breach scheme (Scheme) will be enacted through legislation amending the Privacy Act 1988 (Cth) (Privacy Act) making it mandatory for certain entities to notify affected individuals about eligible data breaches.
Is your liquidated damages clause really a penalty?
2 February 2018 by
It is common for drafters of liquidated damages clauses in commercial contracts to run a fine line between a genuine pre-estimate of damages and a penalty. The case of Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 (Paciocco) provides some guidance on when a liquidated damages clause can be enforced. [Read more…]
