Articles
Articles
Articles
What Directors need to know in July 2020 – the halfway mark of the temporary COVID relief measures for insolvent trading.
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...
Effects of the new Director Identification Number (DIN) Regime
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...
Company directors now personally liable for unpaid super
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....
Why a backdoor listing might be right for your technology startup
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...
How to respond to a liquidator’s unfair preference claim
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...
What are the shareholder issues if my company can’t trade because of COVID-19?
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...
How your business can use force majeure to roll with the punches of COVID-19
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...
Don’t get stumped by partnership problems
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...
BreakPoint: What to do when your board isn’t acting in the company’s best interests
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?...
Avoiding Insolvency: Why Company Directors must keep proper records
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...