This case is a rare example of the application of s 232 of the Corporations Act 2001 (Cth) (“the Act”) of oppression of a majority shareholder by a minority shareholder, who is also a director, and breach of fiduciary duties by a director representing the...
The roles and responsibilities of directors of companies are heavily regulated and the conduct of directors is often subject to scrutiny. In cases of poor corporate governance, discrepancies on ASIC records and the failure to provide correct and accurate information of directors can often make...
Whistleblowing is … a process whereby an organisational insider with knowledge of wrongdoing takes steps to disclose that information to a party capable of intervention ...
Whistleblowers play an important role in exposing illegal conduct and unethical practice in private organisations but are subject to potential reprisals as a result. The Federal Government has recently released an exposure draft of the Treasury Laws Amendment (Whistleblowers) Bill 2017. The purpose of this...
Commercial Arrangement Sole Trader Partnership – Is there a partnership agreement? Does it need to be updated? Company – Is the Constitution up to date? Do you understand your director’s liabilities? Trust – Is the Trust Deed up to date? Unsure Written Agreements Is this arrangement evidenced...
Statutory demands, when used correctly, can be a powerful weapon for creditors of a company. What is a statutory demand? Essentially, a statutory demand is a demand for payment of a sum of money that is owed by a company. The demand must be set out in a...
The Corporations Act (“the Act”) has been amended to include section 558GA which gives the Commissioner of Taxation a right to recover from directors personally an amount of “loss or damage” resulting from a Liquidator successfully recovering from the Commissioner for Taxation payments which are ordered to...