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Is a proposed settlement fair and reasonable in the Federal Court?
Class action lawsuits commonly resolve in a settlement between the members of a class and the respondents to a claim. However, there are strict requirements to proposed settlements, including that they are ‘fair and reasonable’, which will be subject to judicial oversight.
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Updated Franchise Disclosure Register
The Federal Government has proposed regulations for franchisors, including the creation of a Franchise Disclosure Register. Find out what this could mean for the franchising sector and how you could be affected.
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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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What will the Federal Court consider ‘fair and reasonable’ in a proposed settlement?
Parties seeking to settle a class action must apply to the Federal Court for approval. Judges will assess the fairness of the settlement by examining factors such as the best possible recovery, risks of litigation, class reaction, and independent advice.
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Shareholder rights to access member registers and s168
Find out how a company’s obligation to disclose its register of members can affect shareholder rights and communication. Learn more by reading about the case of Hongkong Xinhe International Investment Company Limited v Bullseye Mining Limited [2020] WASC 276.
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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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Review of QBCC decisions – pt 6
This article looks at the potential consequences of the Queensland Building and Construction Commission (QBCC)’s failure to act on a complaint about defective building work within the limitation period. Learn more about the potential arguments you can make in a similar situation.
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Review of QBCC decisions – pt 5
This article explores the implications of choosing internal or external review when issuing notices to rectify defective domestic building work in Queensland. Learn more about the time limitations and potential impacts of this decision.
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Legal costs – discontinuing by consent in the Federal Court
Businesses must take care when making forecasts, as potential legal consequences may arise if records of the basis for them are not kept.
