As a starting position, it is a company that is liable for breaching its contract, not its shareholders or directors. ...
As a starting position, it is a company that is liable for breaching its contract, not its shareholders or directors.
The High Court of Australia has recently ruled that contributory negligence would not be presumed where a passenger accepted a car ride from an intoxicated driver. This decision upheld the decision of the Full Court of the Supreme Court of South Australia, which found the passenger could not have been
Where a court has ordered the winding-up of a company, a shareholder may be able to have the winding up terminated under section 482 of the Corporations Act 2001.
Many construction contracts require contractors submitting progress claims to also submit a statutory declaration in a specific form confirming subcontractors have been paid. How does this sit with the requirements of Building and Construction Industry Payments Act 2004 (Qld)?
Many businesses struggle with managing cash flow and, in difficult economic times, it is not uncommon for things to reach the point where a customer just won’t pay. What are the legal options to recover payment?
Commercial negotiations are commonly conducted by email where the parties express informal agreement on the terms and say ‘it is subject to contract’ or ‘subject to the execution of a contract’.
If a director can exercise a right of set-off against a company in liquidation for a debt owed to the director or for a liability of the company to the director (which may be unascertained in amount or contingent), it may help to cancel out or significantly reduce the director’s
Last week judgment was handed down in the high profile Supreme Court case of Flegg v Hallett [2015] QSC 167 with Justice Peter Lyons upholding the defamation claim made by former Queensland Government Minister Dr Bruce Flegg against his former media adviser Mr Graeme Hallett. Cooper Grace Ward litigation partner
Under section 420A(1)(a) of the Corporations Act 2001 (Cth), when selling property of a corporation that has a market value, a controller must take all reasonable care to sell the property for not less than its market value. In the recent case of Boz One Pty Ltd v McLellan [2015]
It is common for the Commissioner of Taxation to issue a statutory demand against a company and express the debt as a single amount, being the total deficit debt stipulated on a Running Balance Account (RBA). No breakdown is provided in the statutory demand showing the actual composition of the
The Full Court of the Federal Court has delivered another twist in one of Australia’s largest class actions, overturning the decision of the primary judge that some of ANZ’s bank fees were void for being penalties.
The Corporations Act 2001 (Cth) imposes a liability on financial advisers who engage in misleading and deceptive conduct to compensate a person who suffers loss by that conduct.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.