ArticleBuzzle v Apple – Creditors Take HeartA recent NSW Supreme Court decision (Buzzle v Apple) provides further guidance and some comfort on the law of shadow directorship.AustraliaCorporate/Commercial LawAddisons
ArticleCorporate Brand vs Corporate Veil: Liability For Misleading Or Deceptive Promotional ActivitiesA company may be liable for the misleading or deceptive promotional activities by its subsidiaries.AustraliaCorporate/Commercial LawClayton Utz
ArticleDirectors to register for a Director Identification Number (DIN)A number of laws have been passed to continue the scrutiny of corporate governance since the Banking Royal Commission.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleDirectors´ Personal Liability For Misleading And Deceptive Conduct In Relation To SharesA core prohibition in the Corporations Act 2001 (Cth) is section 1041H which provides "A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive".AustraliaCorporate/Commercial LawClayton Utz
ArticleDirectors´ Trading During A Blackout PeriodThere are a number of things that companies can do to limit the potential fallout from trading policy breaches.AustraliaCorporate/Commercial LawClayton Utz
ArticleFast-track fix for two strikes proxy error - a corporate governance updateA Boardroom Radio discussion on legislative amendments to fix a drafting error in the ASX rules.AustraliaCorporate/Commercial LawClayton Utz
ArticleFederal Government proposes changes to directors' liability regulations - 24 Feb 2012The Government has released the first exposure draft of the Personal Liability for Corporate Fault Reform Bill 2012.AustraliaCorporate/Commercial LawHopgoodGanim
ArticleGovernment's Response To The Productivity Commission's Report On Executive RemunerationThe Rudd Government recently issued its response to the Productivity Commission's (Commission) final report on Australia's director and executive remuneration framework, which was commissioned amid the market turmoil caused by the global financial crisis in March 2009 and released on 4 January 2010.AustraliaCorporate/Commercial LawDLA Piper Australia
ArticleMissing The Red Flag: Lessons From ASIC v Bekier & Ors For Company DirectorsThe Federal Court's decision in ASIC v Bekier & Ors examines when company directors breach their duty of care and diligence under the Corporations Act, particularly when red flags emerge in high-risk industries. The case clarifies the boundaries between permissible reliance on management and the duty to actively investigate warning signs, with significant implications for both executive and non-executive directors navigating anti-money laundering risks and corporate governance obligations. AustraliaCorporate/Commercial LawHolding Redlich
ArticleModern Slavery Update: Commencement Of Federal Modern Slavery Legislation And The Uncertain Future Of The NSW Modern Slavery LegislationSince we reported on the introduction of Australian modern slavery legislation in August 2018, there have been a number of developments.AustraliaCorporate/Commercial LawDentons
ArticleNew super clearing house for small businessA free (and optional) super clearing house service is now available to small businesses with less than 20 employees to help them meet their super guarantee obligations.AustraliaCorporate/Commercial LawMoore Australia
ArticleQld Business Basics Grant Program: Round 3 opens 4 MayThis program provides $5,000 funding to support Qld businesses wanting to increase core skills and adopt best practice.AustraliaCorporate/Commercial LawMoore Australia
ArticleSchool risk management - a four pillar approachEvery school faces risks that present threats to successful delivery of expected services.AustraliaCorporate/Commercial LawMoore Australia
ArticleThe role of corporate governance in preventing or minimising fraudKey takeaways from a recent case about the role a strong corporate governance model can play in the prevention of fraud.AustraliaCorporate/Commercial LawBennett & Philp Lawyers
ArticleThe time has come - new requirements for responsible entities take effectAs foreshadowed in ASIC Class Order 11/1140, new financial requirements nowwill apply to all responsible entities. AustraliaCorporate/Commercial LawDLA Piper Australia
ArticleTo pay or not to pay: the new dividend payment regime and what it means for your companyThe Corporations Amendment ("Corporate Reporting Reform") Act 2010 ("Act") commenced on 28 June 2010. The package of reforms contained in the Act and its accompanying regulations change the company reporting and dividend framework in Australia.AustraliaCorporate/Commercial LawMoray & Agnew
ArticleTrans-Tasman Mutual Recognition of Director DisqualificationsThe Corporations Amendment Act 2009 represents a significant step towards the implementation of a single trans-Tasman economic market based on common regulatory frameworks with the introduction of a mechanism for the mutual recognition of director disqualifications.AustraliaCorporate/Commercial LawHopgoodGanim
ArticleThe Third Wheel Podcast Series: ESG In AustraliaWe explore the topical Environment, Social and Governance issues of the day in Australia. AustraliaEnvironmentHerbert Smith Freehills Kramer LLP
ArticleMaintaining an ESG focus in times of crisisCorporations cannot allow their environmental, social and governance (ESG) agenda to stagnate in uncertain times.AustraliaEnvironmentCorrs Chambers Westgarth