The full Federal Court recently considered whether a dividend access share was a debt or equity interest. The majority concluded that the particular share was a debt interest – as a result, there was no entitlement to franking credits.
A loan will be a complying 25 year loan under Division 7A if the requirements in section 109N are satisfied.
The recent decision of Burdziejko v ERGT Australia Pty Ltd [2015] FWC 2308 has significant consequences for employers when offering direct employment to labour hire workers.
In the recent decision of Penglase v Allied Express Transport Pty Ltd [2015] FCCA 804, the Federal Circuit Court ordered an employer pay a penalty for engaging in adverse action in breach of section 351 of the Fair Work Act 2009 by offering an employee a reduced role at work because the employee was suffering from a mental disability and not because the employer was concerned about the employee’s health and welfare.
If you haven’t reviewed your privacy policy in the last 12 months, now is the time act or you might face significant penalties.
When a company is facing short term financial difficulties the directors or shareholders may decide to make a loan to the company to pay wages.
When a loan is secured by guarantees given by more than one person, disputes can often arise between co-guarantors as to who should bear the burden of paying out the loan, and in what proportions.
The Commonwealth Government has recently released a consultation paper dealing with whether the unfair contract term protections offered to consumers under the Australian Consumer Law (ACL), should be extended to small business contracts.
Typically, shareholder agreements contain a provision to the effect that any inconsistency between the agreement and the company’s constitution will be resolved in favour of the shareholder agreement.
In the recent case of Woodside Energy Ltd v Electricity Generation Corporation, the High Court considered the construction of a contractual clause requiring a party to ‘use reasonable endeavours’ to supply supplemental gas…
On Friday 25 May, all existing business name registers in each state closed down and the information was transferred to the register of the Australian Securities and Investments Commission (ASIC).
On 28 May 2012, the new business names registration system will commence. The new system integrates the business names systems of each state and territory into a national registration network. Business names are currently regulated individually by state and territory governments.