Legal Insights
Liability in Recreational Activities and Businesses - What Providers Need to Know
Recreational activity providers face unique legal risks. Our latest article outlines how Australian Consumer Law, risk warnings and negligence rules apply, and what steps businesses can take to manage liability.
Board Decision-Making and Governance - Key Considerations
Good board decisions are not just about the outcome — they are about the process behind them.
When considering significant transactions or strategic decisions, directors should ensure they are properly informed, understand the risks involved and maintain clear governance processes.
What is Consequential Loss – and why it matters in commercial contracts
When a commercial contract goes wrong, one of the first questions is: how much could this cost me?
Capital Reductions – A practical guide
Capital reductions allow companies to return capital to shareholders or cancel shares, but the process is tightly regulated under the Corporations Act and ASIC. Understanding the approval requirements, creditor protections and ASIC steps is essential to avoid risk.
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Roberts [2025] FCA 957 Court allows SMSF management despite bankruptcy
In the case of Roberts ([2025] FCA 957) an application to the Federal Court to exercise its discretion to grant leave to a bankrupt individual to manage a self-managed superfund.
Shareholder oppression claims and start-up investment – ‘Get your Ducks in a Row’
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.
Ongoing requirements for NZ companies registered in Australia
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.
Ongoing requirements for a foreign company registered in 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.
Registering a Foreign Company in 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 closer look at related party reporting for charities
Not-for-profit organisations and charities registered with the Australian Charities and Not-for-profits Commission (ACNC) often engage in agreements and arrangements with individuals or entities with whom they share pre-established connections or a common interest, particularly when starting out.
Recent VCAT ruling heightens stamp duty risk in capital raisings
A recent VCAT decision has served as an important reminder for those undertaking capital raising for funds investing in real property, including for development.
Another Facial Recognition Technology Privacy Breach – AFP in the Spotlight
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, has recently determined that the Australian Federal Police (AFP) has failed to comply with its privacy obligations in using the Clearview AI facial recognition tool (FRT).
Is Facial Recognition Technology Breaching Your Privacy?
Facial recognition technology (FRT) is now utilised across many industries and businesses. While FRT is becoming increasingly easier to implement, it is crucial that business’s adhere to privacy laws when using this technology.
Director Identification Numbers: What do I have to do?
From 1 November 2021, Director Identity Numbers (DINs) became mandatory for all company directors. Accordingly, all directors are now required to apply for a DIN and should begin preparing their applications.
Global Citizen in the AAT – a change in the interpretation of PBI?
The Administrative Appeals Tribunal (AAT) recently rejected the Australian Charities and Not-for-profits Commission’s (ACNC) decision to deny a charity known as Global Citizen Limited (Global Citizen) access to Public Benevolent Institution (PBI) status because its activities included advocacy.
Digital piracy and the potential for new directors’ duties
The impacts of COVID-19 have sped up Australia’s transition to a digital economy and accelerated virtual means of conducting business.
Employee Share Schemes – Another Report Supports Further Reform
Although Employee Share Schemes (ESSs) are appealing on the surface, they are undermined by complex legislation and confusion regarding upfront or deferred taxation.
Clarification regarding electronic execution and convening of company meetings
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.
Federal Court stresses the Importance of Trust Deed Interpretation
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.
COVID-19 Company Admin Update
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.