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    New Legislation: Combating Illegal Phoenixing

    By James Frank on Mar 19, 2020 5:08:00 PM

    On 17 February 2020 the Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019 received royal ascent.

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    Why you need to know about the Security for Payment Act

    By Katherine McCarthy on Mar 17, 2020 9:50:47 AM

    The Security of Payment Act legislation (SOPA) enabled through the Building and Constructions Industry Security of Payment Act 1999 (NSW) (“the Act”) is a provision which allows creditors to enforce progress claim payments as per their contract. This is for works carried out, and goods and services provided in the construction industry, in accordance with their contract.

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    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.

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    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.

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    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.

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    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.

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    Trustees' right of indemnity to an insolvent corporate trustee

    By James Frank on Nov 14, 2019 8:00:00 PM

    There has been much debate as to how the trustees' right of indemnity would apply to an insolvent corporate trustee.

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    What is a Receiver?

    By James Frank on Nov 14, 2019 5:24:23 PM

    It is commonplace for a company to borrow funds to advance their business. This can take the form of commercial loan facility or specific equipment finance. In most if not all cases the loan facility is secured either by a security interest over the whole business, or the company, or against the equipment itself.

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    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. 

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    Why should I bother with Corporate Advisory and Restructuring?

    By Andrea Harrold on Sep 5, 2019 2:00:42 PM

    When a company is first set up, usually its purpose and subsequent structure is clear. Over time, the business grows, and the company may outgrow its current structure, or in the alternative, the business may find itself in financial strife and so the structure of the company may need to be reconsidered.

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