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Director identification numbers now 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 company 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.
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The legal requirements of crowdfunding in business
Mareva Orders are a tool to protect the proper administration of justice and prevent an abuse of Court processes. The Court can restrain a defendant from disposing of their assets, ensuring the plaintiff has an effective remedy.
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Director resignations – effects from 18 February 2021
The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Phoenixing Act) introduced major changes to the Corporations Act 2001 (Cth) (Corporations Act), with implications for directors. Learn more about the timeline for director resignations and the potential liabilities of directors under the new law.
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Shareholder oppression – the early warning signs
This article explores the legal framework of shareholder oppression and identifies early warning signs to look out for when starting a new venture, such as entity type, relationship with advisors, exclusion from management, access to info and non-flexible negotiation.
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Understanding deal fatigue in business transactions
Learn how to reduce deal fatigue in commercial transactions. Tips include increasing bargaining position, introducing lawyers and planning the deal. Get advice to help you make the most of your next commercial transaction.
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Ending an indefinite contract
Terminating an Indefinite Contract can be complex. This article examines the issues of reasonable notice, compensation, commission, and case studies to help answer common questions.
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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
Corporate law
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