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Electronic service of legal documents
The decision in Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd [2014] QSC 30 examined validity of service of documents via email and Dropbox. Find out judgement and “take-aways” to help navigate complex legal process of document service.
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Shareholders’ agreements and inconsistency clauses explained
When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.
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Do I need a financial assistance whitewash?
Financial assistance in Section 260A of the Corporations Act 2001 (Cth) allows companies to support acquisition of shares/units. Obtain shareholder approval in a compliant manner with a whitewash or face civil penalties. Contact us for a free and confidential discussion.
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Prohibition on the acquisition of relevant interests
Section 606 of the Corporations Act 2001 (Cth) prohibits acquiring a relevant interest in voting shares, with exceptions. This article explains the definitions and thresholds that apply, provides a full list of exceptions, relevant case studies, and further resources for legal advice.
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Transfer Duty in business acquisitions
This article explores the application of transfer duty in business acquisitions, including what it is, what is a dutiable transaction, dutiable property, dutiable value, unencumbered value, when it is determined, and who must pay.
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The GST going concern exemption explained
When selling a business in Australia, it’s important to know the going concern exemption to goods and services tax (GST). Learn more about the applicable threshold requirements and legislative references.
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Drag along rights can be enforced in Court
This article examines a 2013 case, William McCausland v Surfing Hardware International Holdings Pty Ltd [2013] NSWSC 902, which serves as a reminder of the enforceability of drag along clauses in shareholders agreements and the complexity of factors that can affect the legal position of the parties involved.
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Redeemable preference shares – what to know
This article discusses the rights, obligations and taxation implications of Redeemable Preference Shares (REDP), hybrid securities with both debt and equity characteristics as defined by the Australian Securities and Investments Commission (ASIC). Case law examples and the process for issuing REDP according to the Corporations Act 2001 (Cth) are also discussed.
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Governance standards for not-for-profit organisations
Discover the full scope of the Australian Charities and Not-for-profits Commission Governance Standards and related topics. Learn how these standards provide a minimum level of assurance for charities to meet community expectations and ensure compliance with Australian law.
Corporate law
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