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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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What happens during a Case Management Hearing?
Federal Court of Australia Case Management Hearings provide an opportunity to resolve disputes quickly and cost-effectively. Learn more about the different considerations and procedures that may be involved.
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Electronic signing of documents no longer allowed for companies
The ability for companies to execute documents electronically (e-signing) is set to expire, but the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 could extend it. Find out how this could affect businesses and what the Senate’s decision could mean.
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Company wound up under s461K for failing to achieve its objectives?
The NSW Supreme Court case of Gearhouse provides insight into the Court’s power to wind up a company under the Corporations Act 2001 (Cth). A combination of circumstances, including deadlock between shareholders, loss of confidence in management and an expired agreement, can lead to winding up.
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What is my superannuation taxed at?
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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Division 293 tax – explained
Learn about the Division 293 Tax, a 15% additional tax on pre-tax super contributions over $25,000 for individuals earning over $250,000. Understand the criteria, how it is applied and related tax articles.
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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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Explaining Australia’s Media Bargaining Code
The News Media Bargaining Code (NMBC) is quickly moving through Parliament and looks likely to become law. It requires digital platforms, such as Facebook and Google, to negotiate remuneration with News Companies for providing their media services. Non-compliance could result in hefty civil penalties.
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The tort of injurious falsehood explained
Injurious falsehood is a tort which arises when false representations are made about a person or company, leading to damage. This article examines the key elements of the tort, including malice and actual loss, and looks at case law to explain them.
