Mondaq Australia: Corporate/Commercial Law
Jones Day
The Federal Court of Australia has provided judicial guidance about what constitutes taking possession by seizure under the Personal Property Securities Act 2009 (Cth) ("PPSA").
Jones Day
The Australian government has secured the long-awaited support it needed from independent Senate cross-benchers to make sweeping changes to Australia's media ownership laws.
Norton Rose Fulbright Australia
Parent companies and franchisors could be liable for workplace relations breaches of their subsidiaries and franchisees.
The case highlights the inherent dangers of informal arrangements, which can be commonplace within the sports industry.
Legislation has now been introduced to extend crowdsourced equity funding (CSF) to proprietary companies in Australia.
Stacks Law Firm
The court had to decide whether the parties had intended to create a legally binding relationship by the email exchange.
Holding Redlich
This case is a salutary lesson in the care that must be taken when drafting and interpreting dispute resolution clauses.
An ICO is a fundraising mechanism using blockchain technology (bitcoin or ether) to sell tokens to fund new projects.
K&L Gates
From this date, applications can be submitted via the existing ASIC ‘eLicensing' portal.
Jones Day
In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA").
Worrells Solvency & Forensic Accountants
Rarely is there a perfect asset structure, but a corporate structure's intended benefits are good if effectively managed.
Focus Legal
This article looks at setting up a trust, and the pros and cons of a trust structure - when starting a business venture.
Holman Webb
If you wish to buy a franchised business which operates from any premises other than your home, you will need a lease.
Coutts Solicitors & Conveyancers
This article includes some, but not all, of the examples of clauses in contracts which could include unfair terms.
McCullough Robertson
Labor proposed a tax on non-fixed trust distributions at a flat rate of 30%, but this may be just a knee-jerk reaction.
Jones Day
It was alleged that the cross shareholding entrenched the incumbent boards, depressed both companies' share prices and disenfranchised minority shareholders.
Cooper Grace Ward
All amendments to the trust must be properly documented, signed and dated and comply with the terms of the trust deed.
Clayton Utz
To perfect a security interest by possession, a secured party must have actual or apparent possession of the property.
Holding Redlich
While the vendor may have been correct in the stance he took in this case, the purchaser's point was certainly arguable.
Holman Webb
The article includes 10 important questions to ask about your lease, when you are buying a retail franchise business.
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Kemp Strang Lawyers
ASIC has taken steps to close a loophole in the capital raising rules, by requiring a compliant disclosure document.
Norton Rose Fulbright Australia
Large businesses in Australia will be required to report annually on their actions to address forms of 'modern slavery'.
Carroll & O'Dea
Disputes over super payments could be avoided if the deceased had nominated a beneficiary with each of the super funds.
Swaab Attorneys
Small companies or family business must ensure estate planning can cope with death of a sole director and shareholder.
Norton Rose Fulbright Australia
Consumers and activist investors alike are concerned with the behaviour displayed by large organisations.
HHG Legal Group
The prevention principle may seem simple, but as the cases have demonstrated, it is not so simple in its application.
Jones Day
From 1 July 2017, the withholding rate that a buyer must pay to the Australian Tax Office on purchase of real estate assets from a foreign resident seller increased from 10 percent to 12.5 percent.
Corrs Chambers Westgarth
The Australian government proposes to require large businesses to report annually on their actions to end modern slavery.
Stacks Law Firm
There are different business models, and all have differences in the contractual frameworks within which they operate.
Thynne & Macartney
The High Court will decide the question of whether adjudicators decisions are open for review (can appeal to a court).
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