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Resigned as director? But when is it now effective?
On 18 February 2021, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Treasury Act) came into effect and introduced various measures to combat “phoenixing”. One of the reasons for this legislation was to help combat illegal phoenix activity which involves the creation of a new company to continue the business of an existing…
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DIN update – deadline approaching for Australian company directors
As 30 November 2022 approaches, Australian company directors must apply for a Director Identification Number (DIN) to comply with the Corporations Act 2001 (Cth) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Learn how to obtain your DIN, the application process and what documents you must provide.
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Can a contractor owe fiduciary duties to a principal?
This article examines whether independent contractors owe fiduciary duties to their principal, as well as any additional statutory duties that may be imposed on independent contractors who are company directors.
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Disputed body corporate debts
This article examines the potential consequences of missing contribution levy payments in community titles schemes. It looks at specific cases and the risks associated with disputed body corporate debts, including the High Court decision of David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48.
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Reforms to employee share schemes from 1 October 2022
Changes to the Corporations Act 2001 (Cth) (CA) will reduce regulatory requirements and remove barriers for businesses to offer employee share schemes (ESS). This offers cash-poor businesses the potential to attract and retain employees who can benefit from ESS.
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Director’s right to inspect company records
As a director, it is important to understand your obligations and rights, including the right to access the company books. Explore this further in this article, which examines the case of Oswal v Burrup Holdings Limited [2011] FCA 609 and the implications of a company refusing a director access.
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Director identification numbers become a reality
The Federal Government has passed a law requiring all directors to obtain a Director Identification Number (DIN). Learn more about the implications of this law, including the potential penalties for non-compliance.
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Shareholder oppression – a taxonomy of corporate wrongs
This article examines the concept of shareholder oppression and provides examples of when the Court has found oppressive conduct, as well as when it has not. It also outlines the remedies the Court prefers when faced with oppressive conduct.
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Are fiduciary duties owed by former directors?
A former director’s duties and responsibilities to their previous company may not end with their resignation. Find out how the Advanced Fuels Technology Pty Ltd v Blythe & Ors [2018] VSC 286 case explored this concept and what the Court had to say.
Corporate law
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