Category: Commercial Law

News

New Director Requirements in Light of Phoenix Legislation
POSTED: 23 Apr 2021
Commercial Law
Resigning directors are now subject to new requirements under the Corporations Act 2001 (Cth) as a result of the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Act).
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News

Key Changes Coming to the Liquidation Process
POSTED: 15 Dec 2020
Commercial Law
The Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (pending approval) will come into effect on 1 January 2021 and introduces a ‘Simplified Liquidation’ process.
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News

The Emerging Presence of Illegal Phoenixing
POSTED: 28 Oct 2020
Commercial Law
Phoenixing (or a phoenix restructure) is when a new company is created to continue the operations of a company that has been deliberately liquidated in order to avoid paying its debts.
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News

Deadline Set - Foreign Person Surcharges on Discretionary & Testamentary Trusts
POSTED: 08 Sep 2020
Commercial Law
The State Revenue Legislation Further Amendment Act 2020 (NSW) (the Act) received Royal Assent on 24 June 2020.
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News

Termination and Contractual Cure Periods – What are Your Rights?
POSTED: 29 Jun 2020
Commercial Law
In Visual Building Construction Pty Ltd v Armistead (No 2) [2019], the NSW Court of Appeal considered when a building contract is validly terminated with respect to a remediable breach.
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News

When a Contractual Right to Terminate May be Lost
POSTED: 22 May 2020
Commercial Law
The decision of the NSW Court of Appeal in Donau Pty Limited v ASC AWD Shipbuilder Pty Limited [2019] considered the circumstances in which a party, which has a right to terminate a contract, might lose that right.
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News

COVID-19: Changes to Company Meetings and the Execution of Company Documents
POSTED: 14 May 2020
Commercial Law, COVID-19
The Federal Treasurer has made a Determination that temporarily allows for virtual company meetings, electronic notices of meetings and the electronic signing of documents during the COVID-19 pandemic.
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News

The Dangers of Subcontracting without Written Approval
POSTED: 13 May 2020
Commercial Law
In a recent case, the NSW Court of Appeal considered whether a cleaning services provider which had breached the terms of its contract by using an unauthorised subcontractor, was entitled to the entire contract price for the cleaning services it had provided.
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News

Contracting Coronavirus (COVID-19): How your Contract can Protect you
POSTED: 24 Mar 2020
Commercial Law, COVID-19
During this global pandemic and testing times, now more than ever is the time to ensure your business and you are protected.
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News

Anti-Phoenixing Laws: Rise from Their Ashes
POSTED: 06 Mar 2020
Commercial Law
After the amendment bill lapsed prior to the federal election, laws to further combat illegal phoenixing have now commenced operation on 18 February 2020 under the Treasury Laws Amendment (Combat Illegal Phoenixing) Act 2020 (Cth). The implementation of this act aims to deter and disrupt illegal phoenixing and more harshly punish those who engage in and facilitate this behaviour.
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