Breach of Director’s Duties

Many client’s seek our advice about director’s duties and corporate governance.  Typically the issues we see range from director disagreements to more serious issues such as has a director breached their fiduciary and statutory director’s duties imposed on them by the Corporations Act 2001 or under the common law (judge made law) or some other document which…

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New insolvent trading safe harbour and ipso facto legislation

On 11 September 2017, two major reforms to Australia’s insolvency laws – an insolvent trading safe harbour and a restriction on the enforcement of ipso facto rights in certain circumstances – passed through the Senate. The Bill awaits royal assent. What you need to know On 11 September 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2)…

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Directors and managers are not immune from the Fair Work Ombudsman

Fair Work Ombudsman initiated proceedings: Directors and managers are not immune from the Fair Work Ombudsman The Fair Work Ombudsman is a statutory office established under the Fair Work Act. It has a number of functions, including: Promoting harmonious, productive and cooperative workplace relations and compliance with Commonwealth workplace laws and instruments; Helping parties attempt…

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