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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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Non-compliance with QLD Building and Construction Commission Act 1991
Contracts for domestic building work valued above $20,000 must be in writing and signed under the Queensland Building and Construction Commission Act (Qld) 1991 (QBCC Act) – find out what the implications are for not doing so.
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Calculating losses from a contract breach
Assessing damages from a breach of contract is complex. This article outlines the general aspects of a breach and the principles for assessing damages. Learn how to quantify losses and ensure fair compensation.
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Making financial forecasts – legal pitfalls for business
Organisations must be aware of the legal risks associated with social media use, such as wrongful dismissal, trade mark infringement, and defamation. This article outlines these risks and provides steps to protect against them.
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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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Enforcing international judgments in Australian Courts
This article explores the implications of enforcing a judgement of an overseas court in Australia. Learn more about the statutory enforcement, enforcement through a treaty, and enforcement under common law.
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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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Interlocutory injunctions in patent dispute cases
Australian Intelligence Community (AIC) Commissioner Falk determined in Uber investigation how the Office of the Australian Information Commissioner (OAIC) will assess if entities have an Australian Link to be legally bound by the Privacy Act 1988 (Cth).
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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.
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