Where a director purports to enter into a contract on behalf of a company without authority or contrary to the company constitution, disputes can arise as to the enforceability of ...
Where a director purports to enter into a contract on behalf of a company without authority or contrary to the company constitution, disputes can arise as to the enforceability of the contract.
Due to current social distancing measures, many organisations are considering whether they can hold general meetings using technology.
As directors consider how to meet their duties during the COVID-19 pandemic, the safe harbour provisions may provide some protection from insolvent trading liability.
The Federal Government has registered a legislative instrument permitting electronic signatures and virtual meetings to assist continuity of business operations despite the pandemic.
With the consequences of COVID-19 becoming increasingly pronounced, listed entities need to ensure they manage disclosure obligations by alerting the ASX of material information arising from the pandemic.
The ramifications of COVID-19 are being felt by businesses, and not-for-profits and charities are no exception. Key changes and considerations for not-for-profits and charities are outlined in this article.
Between ‘social distancing’ and the Government’s ban on non-essential gatherings, public companies are finding it increasingly difficult to comply with AGM requirements.
The Australian Securities and Investments Commission (ASIC) has issued a legislative instrument confirming it will not be mandatory for smaller not-for-profits and charities to implement a whistleblower policy in connection with Australia’s new whistleblower protection regime that came into effect on 1 July 2019.
The Myer case is a landmark case for two reasons. First, it is the first Australian securities class action to proceed to judgement. Second, the Federal Court of Australia has accepted ‘market-based causation’, which has long been debated in Australia.
In the recent decision of ASIC v Vocation Limited (In Liquidation) [2019] FCA 807, the Federal Court found three directors personally liable under section 180 of the Corporations Act 2001 (Cth) for allowing Vocation Limited to breach its statutory obligations as an ASX listed entity.
Dr Anthony Lynham, Minister for Natural Resources, Mines and Energy has introduced legislation to Parliament to establish an independent safety and health regulatory body funded by a levy on Queensland resources companies.
From 1 July 2019, any not-for-profit organisations operating as a trading or financial corporation will be required to comply with the new whistleblower protection regime under Part 9.4AAA of the Corporations Act 2001 (Cth).