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Resigning as director – when is it effective?
On 18 February 2021, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Treasury Act) came into effect and introduced various measures to combat “phoenixing”. One of the reasons for this legislation was to help combat illegal phoenix activity which involves the creation of a new company to continue the business of an existing…
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DIN update – deadline looms for Australian company directors
As 30 November 2022 approaches, Australian company directors must apply for a Director Identification Number (DIN) to comply with the Corporations Act 2001 (Cth) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). Learn how to obtain your DIN, the application process and what documents you must provide.
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Can contractors owe fiduciary duties to principals?
This article examines whether independent contractors owe fiduciary duties to their principal, as well as any additional statutory duties that may be imposed on independent contractors who are company directors.
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Disputed debts in body corporate matters
This article examines the potential consequences of missing contribution levy payments in community titles schemes. It looks at specific cases and the risks associated with disputed body corporate debts, including the High Court decision of David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48.
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Employee share scheme reforms from 1 October 2022
Changes to the Corporations Act 2001 (Cth) (CA) will reduce regulatory requirements and remove barriers for businesses to offer employee share schemes (ESS). This offers cash-poor businesses the potential to attract and retain employees who can benefit from ESS.
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R&D Tax Incentive and clinical trials
Find out if you are eligible for the Australian Government’s RandD Tax Incentive: companies with an aggregated turnover of
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Incentivising distributors – key contractual considerations
Incentivising distributors is an effective way to increase sales, reduce inventory and accelerate adoption of new products. This article explores various methods, from incentive programs to vacations and gamification, plus advice on measuring performance and accountability.
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What should APP Entities include in data destruction policies?
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.
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Federal Court class actions – requirements explained
This article provides an overview of the mechanics behind a Class Action in the Federal Court of Australia. It covers the requirements to commence the action, the ability for members to opt out, and the limits on Class Actions, giving readers a comprehensive understanding of the process and obligations.
Commercial law
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