-
Franchising Code amendments now in effect
The Department of Industry, Science, Energy and Resources proposed amendments to the Franchising Code of Conduct. These includes a broader Alternative Dispute Resolution process, a key facts sheet, extended cooling off period, limits on capital expenditure requirements and increased civil penalties for non-compliance.
-
Cost awards in unfair dismissal cases – part 2
The case of Clair Petersen v Kizuri Capital Pty Ltd, Maycorp Pty Ltd and Cricklewood Capital Pty Ltd T/A Allpet Products [2021] FWC 526 highlights the importance of parties engaging meaningfully and reasonably throughout the unfair dismissal process. A costs order was made against an employer who ignored settlement offers, demonstrating that such behaviour can…
-
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.
-
Changes for casual employment – employer’s responsibilites
The Fair Work Amendment Act 2021 (Cth) has changed the landscape of employment for casual employees. Employers need to be aware of the amended definition of casual employees, the “casual conversion” option and the requirement to provide a Casual Employment Information Statement (CEIS).
-
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.
-
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.
-
Electronic signing of documents no longer allowed for companies
The ability for companies to execute documents electronically (e-signing) is set to expire, but the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 could extend it. Find out how this could affect businesses and what the Senate’s decision could mean.
-
Company wound up under s461K for failing to achieve its objectives?
The NSW Supreme Court case of Gearhouse provides insight into the Court’s power to wind up a company under the Corporations Act 2001 (Cth). A combination of circumstances, including deadlock between shareholders, loss of confidence in management and an expired agreement, can lead to winding up.
-
What is my superannuation taxed at?
This article summarises the Australian Privacy Principles (APPs) and the importance of having a data destruction policy (DDP) in place. It outlines the steps to take when destroying or deidentifying personal and sensitive information, and the consequences of not doing so.
Commercial law
Make an enquiry
