by Rosie Madani | Nov 13, 2018 | Articles
Directors’ fiduciary duties arise in equity, at common law and under statute and do not cease upon a director’s termination. However, the scope and duration of an ongoing duty is not always apparent. Advanced Fuels Technology Pty Ltd v Blythe & Ors [2018] VSC 286...
by Rosie Madani | Nov 13, 2018 | Articles
The Privacy Act 1988 (Cth) and Australian Privacy Principles apply to Australian Government agencies, businesses (including not-for-profit entities) with an annual turnover of $3 million or more, credit reporting bodies, and smaller entities that trade in personal...
by Rosie Madani | Sep 6, 2018 | Articles
The rules regulating a company are contained within the Corporations Act 2001 (Cth), the constitution that may be adopted to govern the operations of the company and a shareholders agreement. The importance of consistency between all of these documents, and...
by Rosie Madani | Sep 6, 2018 | Articles
Reforms to insolvency laws which commenced on 1 July 2018 prevent contracting parties from relying on certain termination clauses in commercial contracts. The ipso facto regime aims to give companies facing financial difficulties an opportunity to trade their way out...
by Rosie Madani | Sep 6, 2018 | Articles
Franchise agreements are governed by the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 and the Franchising Code of Conduct (the ‘Code’). The Code is regulated by the Australian Competition and Consumer Commission which has the power to...