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Director’s personal liability – misleading & deceptive conduct
Directors: prevention is cheaper than cure! Explore ways to ensure your corporation doesn’t engage in misleading or deceptive conduct under the Australian Consumer Law (ACL). Take active steps to protect yourself from personal liability.
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What exactly is a term sheet?
Term sheets can be a powerful tool when negotiating a commercial agreement. Learn more about what they are, how they work, and when to use them.
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Shareholders’ right to information
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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Is your liquidated damages clause a penalty?
This article explores the enforceability of liquidated damages clauses in contracts, examining tests, and precedent cases to determine when a clause is a “genuine pre-estimate of damages” and not a penalty.
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Director loans – can they be recalled anytime?
This article explores the legal considerations of when loans between family members or directors of a company are due and payable on demand. Learn more about the relevant case law and express terms that may be implied by conduct.
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What exactly is a partly-paid share?
Investing in partly-paid shares can come with unique benefits, such as voting rights and profits. Learn more about the legal and financial implications of this type of investment and the payment process involved.
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Can a third party be held accountable for breaching director duties?
This article examines how the Corporations Act 2001 (Cth) holds third parties “knowingly involved” in director misconduct accountable. Learn more about the tests, cases, and damages that can result from company business gone wrong.
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Preventing ex-employees from using your client list
This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.
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Holding company responsibility for subsidiary debts
Uncover the factors that affect a holding company’s liability for its subsidiary’s debts. Learn when a holding company can be liable and what defences are available to protect it.
Corporate law
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