by admin | Jun 28, 2018 | Business Law
What is a bankruptcy notice? Bankruptcy notices are formal document issued by the Australian Financial Security Authority (the Official Receiver) on the application of a creditor who has obtained a judgment debt of at least $5,000.00 against a debtor (the person who...
by admin | Jun 28, 2018 | Business Law
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...
by admin | Jun 28, 2018 | Business Law
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...
by admin | Jun 28, 2018 | Business Law
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...
by admin | Jun 28, 2018 | Business Law
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...
by admin | Jun 28, 2018 | Business Law
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,...
