Business Structuring, Governance Harwood Andrews Business Structuring, Governance Harwood Andrews

Lifting the veil of a shadow director

Do you ever provide advice to company directors, and they act on that advice? Do you ever give instructions to company directors and they act on those instructions?

People have a general awareness of the implications of personal liability as a director. For example, directors can find themselves personally liable for debts to employees, tax debts and penalties owed to the Australian Tax Office or for breaches of The Corporations Act 2001 (“the Act”).

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Land Acquisition: Awards of Costs to Claimants Despite Determination in Favour of Acquiring Authority

The Tribunal in Heislers v Melbourne Water Corporation [2014] VCAT 1399 ordered that Melbourne Water, as the acquiring authority of a pipeline easement related to the Wonthaggi desalination plant, pay 80% of the claimant’s costs in the proceeding. 

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Superannuation Harwood Andrews Superannuation Harwood Andrews

Has new SMSF penalty regime allowed the Courts to adopt a lenient approach to serious breaches of SIS?

The new penalty regime for self-managed superannuation funds (SMSFs) may allow a relatively lenient approach where cases involve a number of serious breaches of the Superannuation Industry (Supervision) Act 1993 (SIS Act) , if the two recent Federal Court decisions of DCT v Lyons and DCT v Graham Family Superannuation Pty Ltd are any guide to how the regime will be applied by the Courts.

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