Date: 16 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Ben Shaw and Morgan Stack entitled ‘Charging clauses: is near enough still good enough?'
Date: 15 Nov 2017
Contracting arrangements have become increasingly common as the ‘gig economy’ has gained momentum and the composition of Australia’s workforce has shifted, with many workers seeking greater autonomy and flexibility. It’s important for employers to ensure contractors are engaged appropriately to avoid the risk of claims from workers or prosecution by regulators.
Date: 09 Nov 2017
The October 2017 edition of the Australian Banking & Finance Law Bulletin (a LexisNexis publication) contains an article by Scott Guthrie entitled ‘PPSA - what difference does it make?'
Date: 30 Oct 2017
Building owners incur substantial costs arising from their ownership, commonly referred to as ‘outgoings’. In the landlord and tenant context, outgoings are often a topic of debate in lease negotiations. Invariably, landlords will want to pass on the costs of outgoings to their tenants.
Date: 26 Oct 2017
A central theme in Australia’s safe harbour legislation is a “better outcome for the company”. Achieving a “better outcome” is the ultimate aim of the course of action to be taken by directors to enliven the protection afforded by the safe harbour regime. Conversely, directors will be outside safe harbour once that course of action ceases to be reasonably likely to achieve that “better outcome”.
Date: 23 Oct 2017
An initial public offering (IPO) can be an attractive way for some companies to facilitate the continued growth of their business. But it’s a significant undertaking that won’t be appropriate in every case, and a listing on the ASX brings about a new regulatory environment to comply with, including continuous disclosure obligations. A decision to conduct an IPO and list on the ASX should be carefully considered.
Date: 20 Oct 2017
Earlier this year, the Federal Government announced that it would introduce a new external dispute resolution framework for the banking and finance sector through the establishment of a 'one-stop shop' for all financial complaints, the Australian Financial Complaints Authority (AFCA).
Date: 18 Oct 2017
The sole shareholder of two companies has failed in attempting to challenge the validity of the appointment of administrators to those companies.
Date: 12 Oct 2017
Various news outlets have now reported far and wide that, after becoming aware of a pop-up bar said to have incorporated various themes from the Stranger Things series, Netflix’s IP counsel sent the bar’s owners a cease and desist letter.
Date: 03 Oct 2017
In our Safe Harbour Wheelhouse publication series we will consider how the new laws are likely to play out and impact key stakeholders once companies begin relying on the new provisions in months and years to come. In this first update, we look at some of the issues that directors and unsecured creditors will need to consider given the Corporations Act’s silence about whether or not a restructure plan should be disclosed to creditors.
Date: 29 Sep 2017
After months of anticipation, speculation and some controversy, the Turnbull government’s crowd-sourced funding (CSF) regime for unlisted public companies came into effect today, 29 September 2017.
Date: 27 Sep 2017
Landlords and tenants of retail premises take note – there has been significant change to the regulation of trading hours for retail shops in Queensland, with the Trading (Allowable Hours) Act (Qld) 1990 (Act) having had its first major overhaul in more than 20 years.
Date: 22 Sep 2017
What do investors consider most closely when evaluating an opportunity to invest in an initial public offering (IPO)? Do institutional and retail investors place different weight on different sources of information? How well do retail investors really understand prospectuses?
Date: 14 Sep 2017
When shareholders in a company fall out, they sometimes allege that the company’s affairs have been managed in an unfair or oppressive way. Parties to a joint venture gone sour, warring directors, or families mired in disputes over the direction, management, succession and future control of a business are the typical parties to a shareholder dispute, commonly known as an ‘oppression proceeding’.
Date: 13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.
Date: 08 Sep 2017
All businesses should be reviewing the way they manage the risk of underpayment and worker exploitation as the Federal Government’s reforms to protect vulnerable workers are about to take effect.
Date: 30 Aug 2017
When a lease is being negotiated, landlords and tenants often pay little attention to the ‘make good’ provisions in the lease. As these clauses relate to what the tenant must do at the expiry or earlier termination of the lease, they are often glossed over as something that can be dealt with later.
Date: 25 Aug 2017
In November 2014, Mr Nyoni commenced an application in the Federal Court of Australia seeking compensation and injunctive relief on the basis of the alleged conduct of the Pharmacy Board of Australia and the Australian Health Practitioner Regulation Agency (Respondents).
Date: 09 Aug 2017
The July 2017 edition of the Financial Services Newsletter (a LexisNexis publication) contains an article by John Stragalinos entitled ‘Insolvent trading – safe harbour is on the way but what should directors do today if faced with financial difficulty?’
Date: 08 Aug 2017
Electronic conveyancing commenced in NSW in 2013, allowing (but not requiring) lenders to electronically lodge mortgages and discharges of mortgages through Property Exchange Australia (PEXA).