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Unfair preferences & the set-off defence
Under section 588FA of the Corporations Act 2001 (Cth) (Act) an unfair preference is defined as a transaction, such as payment of an outstanding debt, between a company and an unsecured creditor which results in that unsecured creditor receiving more than it would have received if it had to prove in the winding up of the…
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Unfair preferences – the Doctrine of Ultimate Effect
Explore the Doctrine of Ultimate Effect, running account defence and more in this article by Dundas Lawyers. Learn how these concepts can provide a defence to an unfair preference claim under Section 588FA of the Corporations Act 2001 (Cth).
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Bullying in the workplace by a body corporate
This investigation reveals the legal implications of workplace bullying in a body corporate. Find out what the Obligations of Reasonableness and the Fair Work Act 2009 (Cth) mean for workers and how to apply for an order to stop the bullying.
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Director’s duties – the case of MG Corrosion Consultants PL v Gilmour
The case of MG Corrosion Consultants Pty Ltd v Gilmour [2014] FCA 990 serves as a reminder of the need for Directors to uphold their obligations under the Corporations Act 2001 (Cth). Uncover the Courts findings and the implications for Directors.
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What exactly is a bare trust?
This article explores the taxation implications of setting up a Bare Trust, from income tax to capital gains tax and beyond. Learn more about the duties of a Trustee and the considerations to keep in mind when creating a Bare Trust.
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Director Identification Numbers – more red tape?
Treasury Laws Amendment Bill proposes a Director Identification Number (DIN) regime to create transparency, detect illegal phoenix activity, and provide streamlined system for liquidators/administrators. Consultation closes 26 Oct 2018.
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Diversion of the corporate opportunity doctrine
Directors have a legal responsibility to act in the best interests of the company and its shareholders. This article explores how Directors can pursue opportunities for personal gain without breaching their duties, as well as other related topics such as directors’ duties and liabilities.
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Safe Harbour protects proactive Directors not merely ‘living in hope’
From 1 July 2018, directors of financially challenged companies have a defence against breaching Section 588G(2) of the Corporations Act 2001 (Cth). However, directors must take proactive steps to assess the financial position and implement a rescue strategy when first suspecting insolvency.
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De-encryption laws: compelling tech giants to cooperate with law enforcement
The Australian Government is introducing encryption-related legislation that could have significant implications. Get the full scoop on what this Bill could mean for companies and citizens before it is officially announced.
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