Articles

The concept of winding up a company when it is insolvent is well-documented and well understood by most companies and directors in Australia, however there are other routes that companies should be aware of where a liquidation may not be appropriate. Most notably, the...

Earlier this year the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (‘the Act’) came into effect aimed at thwarting directors from engaging in illegal phoenixing activity through amendment of the Corporations Act 2001. Here is what you need to know...

The economic lifeline for the Australian Workforce – what does this mean for business owners? What does this mean for the long-term viability of the business and potential future of that business in a post-COVID-19 world?  2020 certainly has been an unbelievably...

With the 25 September 2020 end date for the Federal Government’s reprieve on director’s insolvent trading laws looming, and many Australian businesses now feeling the pressure of operating in the ‘new normal’, it is now more important than ever for Directors to...

Legislation which has recently been passed by the Federal Government and due to come into effect from early next year will require all Australian directors to register with ASIC and be issued with a Director Identification Number (DIN). Not only will this legislation...

A new law combating employer non-compliance with the Superannuation Guarantee (SG) scheme means greater potential personal liability, including criminal charges, for Australian company directors.  Effective 1 April 2019, the Treasury Laws Amendment (2018 Measures No....

A backdoor listing on the Australian Stock Exchange (ASX) might be an alternative to an initial public offering (IPO) if you’re ready to take your business public. With changes to the ASX Listing Rules now in effect, backdoor listings are a viable option. What is a...

Liquidators issue unfair preference claims to ensure the equal treatment of unsecured creditors. Unfair preference claims arise where an unsecured creditor has received payment from a debtor company which is subsequently placed into liquidation. Unfair preference...

Due to the COVID-19 pandemic, the Australian economy has been blindsided. Our sharemarket has been pummelled. Some listed companies currently can’t trade, and they face additional shareholder considerations.  What COVID-19 information do I need to disclose to...

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...