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The Personal Property Securities Act 2009 (Cth) (PPSA) comes into effect on 30 January 2012 and brings sweeping changes to business, how you will go about protecting your clients’ business assets and the ownership...
16 December 2011
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Categorised In: Corporate & Commercial, Personal Property Securities Act
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On 20 October 2011, the Small Business Commissioner Bill 2011 was passed, creating controversial and unprecedented powers for the South Australian Small Business Commissioner (SBC).
Under the new provisions, the...
14 November 2011
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Categorised In: Franchising, Corporate & Commercial
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On 28 June 2010 the Corporations Amendment (Corporations Reporting Reform) Act 2010 came into effect, signalling a shift from the long-standing profits-based test to a new solvency-based test for paying dividends.
With...
27 October 2010
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Categorised In: Corporate & Commercial
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It is not uncommon in shareholder disputes involving allegations of oppression under section 232 of the Corporations Act 2001 (Cth) for the aggrieved shareholder to seek to wind up the company as part of a wider...
14 April 2010
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Categorised In: Corporate & Commercial, Insolvency, Reconstruction & Debt Recovery
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The case of ASIC v Rich provides us all with some valuable commentary on directors duties and the potential application of the business judgment rule.
Directors Duties and the Business Judgment Rule
One.Tel created...
16 March 2010
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Categorised In: Corporate & Commercial, Corporate Governance & Compliance
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On 19 January 2010, in response to perceptions of inflexibility in Australia’s corporate insolvency regime, Chris Bowen, the Minister for Financial Services, Superannuation and Corporate Law, announced a major...
02 February 2010
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Categorised In: Corporate & Commercial, Insolvency, Reconstruction & Debt Recovery
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In a move designed to help directors better understand their statutory duty to prevent insolvent trading, ASIC last week released Consultation Paper 124 - Directors’ duty to prevent insolvent trading: Guide for...
02 December 2009
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Categorised In: Corporate & Commercial, Corporate Governance & Compliance, Insolvency, Reconstruction & Debt Recovery