Diverting business opportunities – when is it ok?

A director’s obligations are determined by statute under the Corporations Act 2001 (Cth) and by his or her fiduciary duties under the general law. Amongst these obligations is a duty to avoid conflicts of interest. It is commonly accepted that a conflict of interest...

Why you should read online terms and conditions

The inclusion of terms and conditions in online transactions Traditionally, contracts were formed where parties met and exchanged signed documents containing the terms of the agreement. With the spread of e-commerce, many contracts are now paperless and are accepted...

Traps for so called ‘Sophisticated Investors’

Generally, when companies raise funds by offering shares to the public they must have available to prospective investors certain disclosure documentation prescribed by the Corporations Act 2001 (Cth) (the Act). The type and extent of disclosure depends on the...