When casual becomes committed

On 26 March 2021, the Fair Work Act 2009 (Cth) (the Act) was amended to make significant changes to casual employment. These changes affected every national system employer in Australia that employs casual employees. One of the key amendments required employers (with 15 or more employees) to proactively offer casual who were eligible, the opportunity continue reading

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A Director’s Access to Company Books During Personal Litigation Being appointed as a director of a company is not something you choose to do lightly. Accepting a role as a director brings with it many statutory and fiduciary obligations which, if not complied with, can see the director personally liable for their actions and potentially continue reading

Athlete Management Agreements

Common Pitfalls and Important Considerations for Athletes and Managers Alike As professional sport continues to develop into one of the biggest industries globally, so too do the complexity and substance of professional sporting contracts. Whether they are general competition contracts or lucrative sponsorship agreements, long gone are the days when athletes were able to adequately continue reading

Brandish Your Power

The term “branding” originates from the practice of marking cattle with a branding iron to differentiate them from the stock of other farms. But the concept of branding as we understand it today is far removed from those humble origins. Brands are no longer limited to a logo or name; branding comes in many shapes continue reading

Pay Me Everything – Contractual Indemnities and Indemnity Costs

The recoverability of costs is a significant factor in legal proceedings. Most commercial agreements contain clauses seeking to indemnify an innocent party absolutely against any legal costs that might be incurred because of another party’s breach. Unfortunately, clauses of this type are regularly recycled from existing precedents, without any regard to the relevant authorities and continue reading

Shareholder Holder Agreements & Shareholder Disputes: The Basics.

A shareholder agreement is a contract made between two or more shareholders. It outlines the relationship between a company’s directors and its shareholders. It can cover matters such as new shares and sales of existing shares, the directors’ duties, codes of conduct and perhaps, most importantly, dispute resolution. For new businesses and startups, it’s often continue reading

Voluntary Administration process: What to expect – a guide for the uninitiated.

Times being what they are, some businesses and industries are faring better than others. That statement will hold in most instances but 2020 has been particularly ruthless for some. Furthermore, the oft media touted ‘road to recovery’ is likely to leave more businesses facing potential insolvency into 2021 and beyond.  Insolvency, in a nutshell, is continue reading

Goods and Services – Terms of Trade

Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers.  These terms form the basis for the trading relationships for all businesses.  If a business is the supplier of goods or services then it should have written continue reading

Shareholder Disputes – A Case Study

Article originally posted on LinkedIn. Disputes among company shareholders are not just common, they should be seen as almost inevitable. This is not to take a negative view of human nature but merely to state the facts. Management and strategy questions can be difficult. People often disagree on fundamental business choices. Work and personal life continue reading

How do you determine if a company is insolvent?

Insolvent Company Director Debts Insolvency Business Involuntary Liquidation Administration

The answer to the question “How do you determine if a company is insolvent?” is important because there are serious consequences for a director if debts are incurred after the company has become insolvent, including civil penalties, compensation proceedings and criminal charges. However, it is often difficult to know when a company has crossed the continue reading

Personal Liability for Company Directors

Insolvent Trading Phoenix Activity Company Director Duties

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its own right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

Directors’ Responsibilities – what are they?

directors responsibilities director duties company director orgainsation shareholder governance

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue and be sued in its individual right. The Australian Investment and Securities Commission (ASIC) is the Government body authorised continue reading

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