This article sets out the prohibition on insolvent trading by company directors in section 588G of the Corporations Act 2001 (Cth), reviews the safe harbour defence, and provides a summary of the [...]
In Sportsbet Pty Ltd v Crownbet Pty Ltd [2018] FCA 1045, Australia’s biggest non-retail bookmaker, Sportsbet Pty Ltd, has been successful in obtaining an interlocutory injunction preventing [...]
The Corporations Amendment (Crowd-Sourced Funding for Proprietary Companies) Bill 2017 (the Bill), if passed, will extend CSF to privately-held companies. This would open up significant [...]
The Retail Leases Amendment (Review) Act 2017 No 2 came into force on 1 July 2017 and made a number of important amendments to the Retail Leases Act 1994. This article looks at the amendments [...]
This article explains what is an 'ipso facto' clause, how these clauses are problematic for companies that are struggling and what a stay on these clauses will mean for Australian companies.
Each year the ACCC, Australia’s competition regulator, releases a list of priorities and factors to be taken into account when deciding to pursue matters. 2018 is slated to be the year of [...]
On 13 October 2017, the Federal Court has declared, by consent, that eight of the contract terms that JJ Richards & Sons Pty Ltd (JJ Richards) used in their standard form contracts are unfair, [...]
For the first time, on 6 September 2017, the ACCC instituted Federal Court proceedings enforcing the new laws. The first cab off the rank being JJ Richards & Sons Pty Ltd (JJ Richards), against [...]
