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ACCC consultation environmental and sustainability guidance
The Australian Competition and Consumer Commission releases Draft Guidance to help businesses make environmental and sustainability claims without misleading consumers. Seeking input from stakeholders to ensure guidance is effective and up-to-date with consumer law.
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Greenwashing on Facebook – ASIC fines Future Super
Learn more about Greenwashing in Australia and the alleged incidents, with Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) responsible for regulating misconduct. ASIC issued an infringement notice to Future Super for making misleading Greenwashing claims on Facebook. Understand the legislative framework and how to avoid making false claims.
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Consumer law updates business owners should know
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Act) amends various pieces of legislation to provide stronger competition and consumer protections. In particular, the Act bolsters the penalties applicable for offences relating to unfair practices and unfair contract terms under as contained within the Competition and Consumer Act 2010 (Cth) (CCA) and…
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Resigning as director – when is it 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 looms 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 contractors owe fiduciary duties to principals?
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 debts in body corporate matters
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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Employee share scheme reforms 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 review 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.
Corporate law
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