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The ‘good faith’ defence to an unfair preference claim
Learn more about Unfair Preference claims and defences, including grounds for suspecting insolvency and the Good Faith defence. Protect yourself from claim demands with our comprehensive guide.
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Director Identification Numbers – more red tape?
Treasury Laws Amendment Bill proposes a Director Identification Number (DIN) regime to create transparency, detect illegal phoenix activity, and provide streamlined system for liquidators/administrators. Consultation closes 26 Oct 2018.
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What’s an unfair preference claim?
Understand the implications of unsecured debts, insolvent transactions, and unfair preference claims in the Corporations Act 2001 (Cth). Discover the defences available to protect against unfair preference claims and other related legal matters.
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Notice requirements under commercial leases
Failing to comply with commercial lease option requirements can lead to costly disputes. Learn how to protect your business asset and avoid pitfalls when exercising an option in this article.
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De-encryption Bill currently before Joint Committee
The much awaited Telecommunications and other Legislation Amendment (Assistance And Access) De-encryption Bill 2018 (De-encryption Bill) has been referred to the Parliamentary Joint Committee on Intelligence and Security (Joint Committee). The Joint Committee has allowed three (3) weeks for submissions. It is a very short time-frame for submissions considering the controversial nature of the Bill.…
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Body Corporate Meetings – proxy votes vs voting using a power of attorney?
Discover how proxy votes can be granted to another lot owner in Queensland, and how the use of a power of attorney is not subject to the same restrictions. Learn more by reading the case of Willahra Tower [2016] QBCCMCmr 368.
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What kind of documents can a liquidator access and from whom?
A Federal Court decision has examined the power to compel a related entity of a company in liquidation to produce documents. The Court’s ruling has implications for the scope of examinable affairs and the documents sought. Find out more about the implications of this decision.
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Restraint of trade clauses & commercial contracts
This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.
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Understanding the legal relationship of agency
Understand the legal relationship of agency and the extent of authority involved. This article explores actual and ostensible authority, rights and obligations of Agent and Principal, and liability for the Agent’s actions.
