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Corporate law

  • Director’s misuse of funds held to be oppressive

    Director’s misuse of funds held to be oppressive

    This article explores shareholder oppression, examining Section 232 of the Corporations Act 2001 (Cth) and Martin v Australian Squash Club Pty Ltd (1996) 14 ACLC 452, to understand the cumulative effect of individual acts.

  • What are sophisticated investors?

    What are sophisticated investors?

    This article provides an overview of the requirements for a person to be a sophisticated investor under the Corporations Act 2001 (Cth) and the Corporations Regulations 2001 (Cth). It covers the definition of ‘person’, the Assets Test and Income Test, Australian Securities and Investments Commission (ASIC) guidance, and the complexities of self-managed super funds.

  • e-Signatures – legally binding on companies?

    e-Signatures – legally binding on companies?

    E-signatures are becoming increasingly popular, but are they legally binding? Find out in this article, which examines the Adelaide Bank case and reveals the limitations of e-signatures when it comes to executing a deed. Click through to learn more.

  • Company funds must be used for company purposes

    Company funds must be used for company purposes

    This article examines the legal principles behind when it is permissible to use company funds, focusing on the case of Re D G Brims and Sons Pty Ltd (1995) 16 ASCR 559, which established that company funds must only be used for company purposes and not to pay for legal costs of proceedings for the…

  • The running account defence to unfair preference claims

    The running account defence to unfair preference claims

    Creditors who have been paid by a customer on credit may find themselves facing an Unfair Preference claim letter from a liquidator. Learn more about the defences available to creditors and how to protect yourself from repaying more than your fair share.

  • Unfair preferences & the set-off defence

    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…

  • Unfair preferences – the Doctrine of Ultimate Effect

    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).

  • Bullying in the workplace by a body corporate

    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.

  • Director’s duties – the case of MG Corrosion Consultants PL v Gilmour

    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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