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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.
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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.
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Director resignations – effects from 18 February 2021
The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Phoenixing Act) introduced major changes to the Corporations Act 2001 (Cth) (Corporations Act), with implications for directors. Learn more about the timeline for director resignations and the potential liabilities of directors under the new law.
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Shareholder oppression – the early warning signs
This article explores the legal framework of shareholder oppression and identifies early warning signs to look out for when starting a new venture, such as entity type, relationship with advisors, exclusion from management, access to info and non-flexible negotiation.
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Understanding deal fatigue in business transactions
Learn how to reduce deal fatigue in commercial transactions. Tips include increasing bargaining position, introducing lawyers and planning the deal. Get advice to help you make the most of your next commercial transaction.
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Ending an indefinite contract
Terminating an Indefinite Contract can be complex. This article examines the issues of reasonable notice, compensation, commission, and case studies to help answer common questions.
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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
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Director’s identification numbers to become a reality
On 12 June 2020, the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 introduced the requirement for all Australian company directors to have a “Director Identification Number” (DIN). The DIN will become a single identifier for each director across all of their office holdings with the true identity of each director is verified…
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What exactly is a section 293 direction?
There are several reasons why a shareholder may require financial information, primarily they are denied access to the ‘accounts’ so as to make informed decision about the company. The Corporations Act 2001 (Cth) (Act) provides various mechanisms for shareholders to obtain financial and accounting information about a company, to allow them to access full and…
Corporate law
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