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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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Need a reseller agreement?
This article provides an overview of the considerations when entering into a Joint Venture, including inputs, outputs, legal and tax implications of different Joint Venture vehicles. Get the facts you need to make an informed decision.
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Abhorrent violent content prohibited
Organizations hosting abhorrent violent material, such as terrorism, murder, torture, rape and kidnapping, now face hefty fines under the Criminal Code Amendment Act 2019 (Cth), up to 50,000 penalty units or 10% of annual turnover.
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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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Use of competitor’s confidential information
Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years. Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their…
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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.
Commercial law
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