Articles

Running a business is tough, but with the COVID-19 pandemic on our doorstep, many organisations have suffered a knockout blow. In commercial agreements, force majeure (act of God) clauses and the legal concept of frustration may serve as a vital lifeline to help your...

Setting up a business partnership is an effective way to ensure your great idea transforms into a viable business. But not having a written agreement can hit you for six if there are problems down the track.  What is a partnership agreement? Fundamentally, a...

If you suspect your fellow board members aren’t doing the right thing by the company, it’s often difficult to call the shots. Sometimes, however, it’s a matter of holding the line when you’ve met your match. What are your legal responsibilities as a company director?...

When it comes to maintaining books and records, company directors have significant responsibilities, especially if there are issues about a company’s solvency. A recent case highlighted how important it is for directors to keep proper records. Insolvency case in...

As a general rule, the more complex a potential business deal, the more clarity is needed when negotiating terms. That’s why terms sheets and heads of agreements are handy tools to get you into the home stretch of contract negotiations.  What are terms sheets and...

Technology entrepreneurs are typically driven by a vision. They have a big idea, an appetite for hard work, and no time to waste. Accordingly, many ambitious startup founders view questions about the legal framework of their enterprise as expensive and time-consuming...

Australia’s insolvency laws have long discouraged responsible restructuring by company directors. When balancing the potentially significant personal liability in breaching the director’s duty to prevent insolvent trading against the company’s risks in trading its way...

In making 76 separate recommendations in its final report, the Banking Royal Commission took aim at many players in the Australian financial system. Justice Hayne reserved stinging criticism for the Australian Securities and Investments Commission (ASIC) over its...

Earlier this year, as part of announcing proposed changes to the ASX Corporate Governance Principles and Recommendations, Kevin Lewis, the ASX’s Chief Compliance Officer, outlined a series of proposed changes to ASX Listing Rules (LRs). If implemented, these changes...

ASX price sensitivity and cross-release indication of announcements This article provides a summary of functionality changes to the ASX Online markets announcements platform (MAP) that became active on and from 6 August 2018. Background ASX is introducing...