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What is an injunction – Australian law?
This article provides an overview of two main categories of tax applied to a person’s Fund: Contributions Tax and Investment Tax. Examples of how these taxes are applied are also included.
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Shareholders’ right to information
When shareholders are restricted from accessing company information, it may be a sign of a dispute. The Corporations Act 2001 (Cth) provides mechanisms for minority shareholders to obtain relevant information, but they must prove they are acting in ‘good faith’ and ‘for a proper purpose’.
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Notifiable Data Breach Scheme commenced 23 Feb 2018
As of 23 February 2018, certain entities must notify affected individuals of eligible data breaches under the Privacy Act 1988 (Cth). Penalties for non-compliance can reach up to $420,000. Learn more about who’s affected, what constitutes serious harm, how to assess likelihood of harm, and how to prepare a response plan.
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Is your liquidated damages clause a penalty?
This article explores the enforceability of liquidated damages clauses in contracts, examining tests, and precedent cases to determine when a clause is a “genuine pre-estimate of damages” and not a penalty.
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When is a company classified as an Australian resident for tax purposes?
Employers should draft and implement a drug and alcohol policy to protect workers and the business from the risks associated with drug and alcohol use. This article outlines the importance of such a policy.
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Is exporting a product a trade mark infringement?
The Trade Marks Act 1995 (Cth) provides protection to Australian trade mark owners, but what happens when their mark is used overseas? Learn more about the protection the Trade Marks Act provides, and the remedies for infringement, by clicking through to the full article.
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Director loans – can they be recalled anytime?
This article explores the legal considerations of when loans between family members or directors of a company are due and payable on demand. Learn more about the relevant case law and express terms that may be implied by conduct.
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How to avoid liability for resale price maintenance
The Federal Court of Australia held that Resale Price Maintenance (RPM) is prohibited under the Competition and Consumer Act 2010 (Cth). Companies engaging in, or planning to engage in RPM, should be warned of hefty fines for such activity.
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Resale price maintenance restrictions
Businesses should take care when making forecasts to avoid potential legal consequences under the Australian Consumer Law (ACL). Ensure that reasonable grounds, reasonable care, and accuracy of the basis of the forecast are all proven at the time it was made.
