Corporate law/ legal matters

New whistleblowing laws will commence on 1 July 2019. Under the changes to the Corporations Act there will be a broader range of whistleblower conduct which can be reported and receive…

A Parliamentary inquiry has recommended numerous changes to the Franchising Code of Conduct. The recommendations are designed to lift standards of behaviour across the industry and to rebuild…

The ALRC report makes 24 recommendations directed at changes to the federal class actions regime and the regulation and charging models of litigation funders and lawyers involved in bringing class…

Although not defined in legislation, illegal phoenix activity involves the deliberate stripping and transferring of assets and funds from one company to another company to avoid paying…

To what extent is the shareholder primacy norm still relevant in Australian company law in 2019? Recent case law recognises that the interests of shareholders are distinct from the interests of the…

A bill recently passed by Parliament may affect the lawfulness of your existing intellectual property (IP) contracts by extending competition law prohibitions to those contracts If your IP…

Having a contract risk assessment process in place can help ensure that organisations take a proactive and preventative approach as opposed to one that is reactive and reparative. Once a risk…

The Commonwealth Modern Slavery Act 2018 commenced on 1 January 2019 and the NSW legislation is awaiting proclamation before commencement. Reporting entities will be required to submit an annual…

Employers need to carefully consider the questions they ask during an interview. Discriminatory (or apparently discriminatory) questioning during interviews creates the risk of prospective…

Effective and clear corporate governance practices can be critical when selling your business, raising capital and arranging financing.  This article examines simple but effective steps businesses…

The Full Bench of the Fair Work Commission has recently handed down a series of decisions which expand an employee’s rights to request flexible working arrangements. On 20 November 2018, the Full…

The draft Treasury Laws Amendment (ASIC Enforcement) Bill 2018 was released for public consultation following the ASIC Enforcement Review Taskforce recommendations for a stronger penalty…

Australian Financial Complaints Authority (AFCA) commenced on 1 November 2018 as the new ombudsman scheme for the financial services sector. AFCA has increased monetary limits and higher…

Data protection, or privacy law as it is known, is an area of increasing regulation. Greater regulation of data protection brings with it positive benefits for consumers but the need for compliance…

The proposed legislation is aimed at deterring and disrupting illegal phoenixing and punishing those involved in this behaviour more harshly. The reforms to corporation and tax laws will have a…

The number of climate change cases worldwide is increasing. While few cases have been successful, there may be increasing pressure on companies to accept responsibility for activities which…