An article on ‘Good Leaver’ and ‘Bad Leaver’ provisions in Shareholders’ AgreementsA Shareholders’ Agreement is a crucial document that outlines the rights and responsibilities of shareholders (and at times directors) within the subject company. It helps to establish a framework...
In the recent Federal Court decision of Specialised Welding Australia Pty Ltd v Disselkoen [2024], legal principles concerning secured creditor rights, contingent claims, and the effect of a deed of company arrangement (DOCA) on security interests were examined.The key issue...
In 2020, the Australian Government implemented the Enhanced Regulatory Sandbox Regime (Sandbox) to enable the testing of innovative financial services and credit activities without licences for 24 months from the time of entry into the Sandbox. The Sandbox is intended...
The SOP Act commenced operation on 1 August 2022 replacing the Construction Contracts Act 2004 (WA) (CCA) and applies to most contracts for the carrying out of construction work or the supply of related goods and services in Western Australia. ...
BackgroundRecent amendments to the Fair Work Act 2009 (Cth) (“FWA”) provide the ability for employees,[1] in certain circumstances, to now refuse contact or attempted contact from their employer (or from a third party where such contact relates to their employment)...
A common question that arises in client dealings with the ATO, and one which has particular relevance in the increasingly proactive ATO recovery environment facing companies and their directors, is: "How does the ATO allocate money it receives?"Practice Statement "PS...
Earlier this month the Joint Ore Reserves Committee (JORC) released a public consultation draft of the new version of its eponymous Code, intended to be introduced in 2025 to replace the current 2012 Edition.The JORC Code regulates reporting of key...
On Tuesday 30 July 2024 Regional Express Holdings Limited (Administrators Appointed) (ACN 099 547 270) and a number of its subsidiaries (ASX: REX) (the Rex Group) entered voluntary administration.Meanwhile, the operations of Pel-Air Aviation Pty Ltd (and associated entities) together...
On 27 October 2022, the Senate referred an inquiry into the Australian Securities and Investments Commission (ASIC) to the Senate Economics References Committee for inquiry and report by the last sitting day in June 2024[1].The report has now been released...
To paraphrase a well-known quote: to litigate once may involve a compulsory disclosure process, to litigate twice may invoke the need to seek a release from the Harman undertaking. Where one party to litigation is compelled (usually by a court rule...