08 8410 9294

Directors Duties

The director’s duty to consider the company’s creditors Another thing for directors to worry about: is there a duty to creditors? Even when their company is doing well, directors have a lot on their plate. But things can quickly snowball when insolvency takes hold....

Defamation.. What the.. ?

Defamation Meaning The publication of material that is harmful to another person’s reputation is defamation, meaning it is material that brings a person into contempt, disrepute or ridicule. When Is Something Defamatory? It will depend on the context in which the...

New GST Withholding Regime – Quick Facts

Earlier this year, GST laws were amended to require specified purchasers to withhold GST amounts from the sales price and remit that amount to the ATO.  We have compiled a list of the most important facts relevant to this change in the law. Q: From when will this law...

The Importance of Security Terms

Establishing and operating a business is costly and time-consuming, so it’s no surprise that some areas of the business are neglected. All too often, we see businesses spending significant amounts on securing leases (with bank guarantees) and investing in expensive...

Restraint of Trade

Restraining future employment – when will it be appropriate to protect the legitimate interest of the employer? Restraint of trade clauses can be used to limit an ex-employee’s freedom to pass on company information or work for a competitor for a set period of...

What is Phoenix Activity and When is it Illegal?

Phoenix activity is when a new company is registered in order to take over the activities of an insolvent or unsuccessful company. This is where the term ‘phoenix’ comes from, like a phoenix rising from the ashes. Phoenixing can be legitimate. What is illegal when it...

Update on Unfair Contract Terms

Since we are now coming up on a year following the unfair contract provisions which came into effect on 12 November 2016, we thought this would be a good time to review the most significant changes we have seen so far. For our previous discussion on unfair contract...

Constitution or Replaceable Rules?

Since 1998 companies have been able to either adopt a constitution, the Replaceable Rules or a combination of the two. Replaceable Rules are “default rules” found in section 141 of the Corporations Act 2001 (Cth) (‘the Act’). They govern the powers of directors,...