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What’s an unfair preference claim?
Understand the implications of unsecured debts, insolvent transactions, and unfair preference claims in the Corporations Act 2001 (Cth). Discover the defences available to protect against unfair preference claims and other related legal matters.
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Notice requirements under commercial leases
Failing to comply with commercial lease option requirements can lead to costly disputes. Learn how to protect your business asset and avoid pitfalls when exercising an option in this article.
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De-encryption Bill currently before Joint Committee
The much awaited Telecommunications and other Legislation Amendment (Assistance And Access) De-encryption Bill 2018 (De-encryption Bill) has been referred to the Parliamentary Joint Committee on Intelligence and Security (Joint Committee). The Joint Committee has allowed three (3) weeks for submissions. It is a very short time-frame for submissions considering the controversial nature of the Bill.…
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Restraint of trade clauses & commercial contracts
This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.
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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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Ipso facto clauses weakened after 1 July 2018
Are you ‘Investor Ready’? This article outlines the key elements businesses and promoters should consider to attract investors, providing a checklist of the key components to be in place.
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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.
Commercial law
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