Knowledge

5 Reasons You Need a Shareholders' Agreement

By Andrea Harrold on Feb 21, 2020 10:03:02 AM

If a company has more than one shareholder it should have a shareholders’ agreement in place.

Topics: Business and Corporate Legal Obligations Employment Law Court Dispute Resolution Corporate Advisory Restructuring

ABC Learning Centres: why corporate governance matters

By Philip van den Heever on Dec 18, 2019 10:50:24 AM

ABC Learning Centres was the biggest childcare company in the world. From humble beginnings in Brisbane in 1988, it grew to 43 centres in Australia at the time it was listed on the Australian stock market. Between 2001 and 2007 the company acquired a further 2195 childcare centres across Australia, New Zealand, the UK and the United States.

Topics: Business & Commercial Business Basics Business and Corporate Legal Obligations Corporate Advisory

The global market: no longer a choice

By Philip van den Heever on Dec 13, 2019 11:09:06 AM

Michael R Czinkota, former Deputy Assistant Secretary of Commerce in the United States Department of Commerce said this:

Topics: Business & Commercial Business Basics Business and Corporate Legal Obligations Employment Law How to

When can a corporation be held criminally responsible?

By Andrea Harrold on Dec 10, 2019 1:11:13 PM

On 15 November 2019 the Australian Law Reform Commission released a Discussion Paper into Corporate Criminal Responsibility.

Topics: Commercial Litigation Litigation Business and Corporate Employment Law Criminal Law Corporate Advisory

How the law protects minority shareholders

By Philip van den Heever on Nov 21, 2019 12:47:54 PM

Most Shareholder Agreements provide that Companies are controlled by a shareholder (or a group of shareholders) that holds a majority of the shares in the Company. These Agreements allow majority shareholders to appoint directors and control many other company activities including the day-to-day operation of the business, payment of Dividends or Dividend distribution policies, financing policies and, in most instances, the issuing of new shares.

Topics: Business and Corporate Legal Obligations Corporate Advisory

The impact of bankruptcy in Family Law

By Matthew Sibley on Oct 15, 2019 3:19:00 PM

In 2005 and 2009, crucial amendments were made to the Bankruptcy Act 1966 (Cth) and the Family Law Act 1975 (Cth) that bestowed jurisdiction upon the Family Court of Australia in bankruptcy for married and de facto couples.

Topics: Family Law Litigation Family Law and Business Family Law and Finance Business and Corporate Legal Obligations

Protecting your assets in bankruptcy

By James Frank on Sep 25, 2019 11:21:59 AM

One of the most seminal decisions in bankruptcy law is the High Court decision of The Trustee of the Property of John Daniel Cummins, A Banklrupt v Cummins (2006) [2006] HCA 6.

Topics: Risk Mitigation Business and Corporate Legal Obligations How to Corporate Advisory

Firing the 'Unfireable': How to dismiss someone and not get sued

By Philip van den Heever on Sep 23, 2019 2:52:23 PM

Last week Frank Law presented a seminar entitled: Firing the ‘Unfireable’: How to dismiss someone and not get sued.

Topics: Risk Mitigation Business & Commercial Business Basics Business and Corporate Legal Obligations Employment Law How to

Age Discrimination or Inherent Requirements?

By Philip van den Heever on Sep 10, 2019 11:22:34 AM

Compulsory retirement is when an employer forces an employee into retirement by either;

Topics: Business Basics Business and Corporate Legal Obligations Employment Law

Major changes to sick leave accrual system

By Philip van den Heever on Aug 21, 2019 4:47:27 PM

In the decision of Mondalez v AMWU [2019] FCAFC 138 handed down 21st August 2019, the Court has fundamentally changed the way many Australian employees are entitled to accrue sick leave.

Topics: Business and Corporate Legal Obligations Employment Law