The case of BBHF Pty Ltd v Sleeping Duck Pty Ltd [2024] provides useful guidance regarding shareholder oppression claims in the context of investment in start-ups.  The decision highlights the need for clear, written shareholder agreements and the objective test applied when assessing whether oppressive conduct has occurred. 

Australia is recognised for its reputation as an open, stable, globally connected economy. With its close connections across the Tasman, it’s no surprise that New Zealand businesses often making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

A recent VCAT decision has served as an important reminder for those undertaking capital raising for funds investing in real property, including for development.

The impacts of COVID-19 have sped up Australia’s transition to a digital economy and accelerated virtual means of conducting business.

In welcome news for company directors, the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 (Amendment Bill) to temporarily permit electronic execution and convening of company meetings has finally been enacted.

A recent decision handed down by the Full Federal Court in Advanced Holdings Pty Limited as Trustee for the Demian Trust v FCT [2021] FCAFC 135 emphasises the important principles of trust deed interpretation and the limitations of statutory provisions concerning the evidentiary force of company records. The decision also serves as a valuable reminder for directors of small companies and corporate trustees to maintain good records.

With bitcoin prices skyrocketing, investors becoming aware of the instability of fiat currencies (AUD, GBP, USD etc), and low interest rates stemming from the economic downturn of COVID-19, the world of cryptocurrency is once again filling up social media feeds.

The unfair contracts regime in the Australian Competition and Consumer Act has had a long and troubled history.

From 28 June 2021, school boarding premises will need to be registered with the Victorian Registration and Qualifications Authority (VRQA), and meet certain minimum standards.

The Commonwealth Treasury has released exposure draft legislation amending the Income Tax Assessment Act 1997 (Cth) (ITAA).

Following a previous announcement in the 2019-20 Budget, the Federal Government has recently introduced a new category of deductible gift recipient (DGR) to enable community sheds (such as Men’s Sheds and Women’s Sheds) to access the DGR concession.

Following multiple cyber-attacks to financial service adviser RI Advice Group Pty Ltd (RI), the Australian Securities and Investments Commission commenced proceedings against RI alleging contravention of its obligations under the Corporations Act 2001 (Cth) (Corporations Act) for failure to have adequate cyber security systems as an Australian Financial Services licence holder.

For some time, the Government has been concerned about Australia’s inability to deal with phoenix activity, which creates an unfair advantage for companies which engage in wrongful activity and costs the economy billions of dollars each year.

Further to our article here where we wrote about the Australian Securities and Investments Commission’s (ASIC) guidance regarding annual general meetings and the COVID-19 pandemic, the Treasurer has released the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 (Cth) (Determination), which commences on 6 May 2020 and will be automatically repealed on 5 September 2020.

In this case, the High Court reiterated that a person can be deemed to be an “officer” of a company even if that person does not hold a position as a named ‘Director’ or ‘Secretary’.

On 15 October 2019, the Treasury Laws Amendment (2018 Measures No 2) Bill 2019 (Bill) passed the House of Representatives and has now been introduced to the Senate.

In a unanimous judgement, the High Court recently held that Connective Services Pty Ltd had breached its obligations under the Corporations Act (Act) by bringing and funding litigation in respect of the enforcement of its shareholders’ constitutional pre-emption rights against an outgoing shareholder.