Commercial law

  • Can a unit trust be wound up by the oppression remedies

    Can a unit trust be wound up by the oppression remedies

    The Corporations Act 2001 (Cth) (Corps Act) grants the Courts the power to award remedies under section 233, specifically designed to address situations of oppression within corporate entities under section 232.  These remedies, also known as the “Oppression Remedies”, aim to resolve situations where a company’s conduct unfairly prejudices its members or shareholders.  While primarily…

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  • Directors’ obligations to comply with Accounting Standards

    Directors’ obligations to comply with Accounting Standards

    Directors are personally liable for ensuring their company operates in accordance with corporate governance and accounting standards.  Obligations contained in part 2M.2 and 2M.3 of the Corporations Act 2001 (Cth) (Corporations Act) outline obligations for companies to keep financial records and prepare annual financial and director’s reports.  Sections 180 and 344 of the Corporations Act…

  • OAIC publishes new guidance for under-16s social media ban

    OAIC publishes new guidance for under-16s social media ban

    On 10 October 2025, the Office of the Australian Information Commissioner (OAIC), led by Privacy Commissioner, Ms Carly Kind, released a twenty-nine (29) page Privacy Guidance on Part 4A (Social Media Minimum Age) of the Online Safety Act 2021 (New Guidance).  This New Guidance details the privacy obligations for Age-Restricted Social Media Platforms (Restricted Platforms)…

  • Aust Clinical Labs fined $5.8mil for failing to report data breach

    Aust Clinical Labs fined $5.8mil for failing to report data breach

    On 8 October 2025, the Federal Court published the judgement of Justice Halley in the case of Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224 (AIC v ACL).  Australian Clinical Labs Limited (ACL) was ordered to pay $5.8 million in civil penalties in relation to a 2022 data breach.  This…

  • Accounting standards matter: the company’s obligation

    Accounting standards matter: the company’s obligation

    Australian accounting standards (Accounting Standards) are often considered solely the domain of auditors and accountants.  However, they are a crucial aspect of corporate law and governance in Australia.  For directors, officers, and their professional advisers, the key issue is not the technical details of the Accounting Standards, but rather their legal enforceability.  A failure to…

  • Federal Government releases report into age verification trials

    Federal Government releases report into age verification trials

    On 31 August 2025, the Australian Government published the Final Report (Report) on the Age Assurance Technology Trial (Trial).  Conducted by the independent Age Check Certification Scheme (ACCS), the Trial offers insights into the technical feasibility, privacy implications, and operational deployment capabilities of various age assurance technologies.  While the Report explicitly states it is neutral…

  • When a thumbs up emoji means accepting an offer

    When a thumbs up emoji means accepting an offer

    In a time where communication increasingly takes place through text messages and social media platforms, the legal recognition of non-traditional expressions, such as emojis, presents a potential evolution of the doctrine of acceptance in contract law.  The 2023 Canadian decision by the Saskatchewan Court of King’s Bench (Court) in South West Terminal Ltd v Achter…

  • What is an indemnity clause?

    What is an indemnity clause?

    The word indemnity, in its’ legal context, is defined as “legal protection against liabilities arising from one’s actions.”  An indemnity clause therefore, represents the contractual embodiment of this definition, serving as a formal mechanism which protects one party from the from the actions or inactions of another.  In effect, it enables parties to allocate risk…

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