Legal snapshot: Australian capital raising exemptions
Companies seeking to raise capital in Australia through an offer of securities should familiarise themselves with the prospectus requirements and exemptions to those requirements in Chapter 6D of the Corporations Act 2001 (Cth) (the Corporations Act) before undertaking any fundraising activities. Generally, an offer of “securities” in Australia will require the preparation of a disclosure […]
ReadmoreJudicial review – proper, genuine and realistic consideration
A recent Federal Court decision is a timely reminder that Ministers should not rely entirely on briefing notes before making decisions – and when the decision is defended, it is the Minister who is expected to give evidence. The Federal Court recently found that a Minister had failed to “consider any comments, information or documents” […]
ReadmoreThe Importance of Sticking to the Letter of the Agreement
Contracting by Government can be a minefield, with the usual commercial considerations overlaid by expectations on Government to contract in good faith, be model litigants in the event of a dispute and achieve an outcome that meets it obligations to the public. In traversing that minefield, it can be tempting to only superficially deal with […]
ReadmoreAvoiding unintended consequences
The Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in building projects by setting up a form of statutory trust, of which subcontractors are beneficiaries. Chapter 2 of the Building Industry Fairness (Security of Payment) Act 2017 (BIF) contains new provisions designed to protect payments to subcontractors in […]
ReadmoreHuman Rights Act – employment claims
The Human Rights Act 2019 (Qld) (HRA), which is expected to commence operation on 1 January 2020, will materially influence public sector decision-making in Queensland by limiting the exercise of government power. It is essential for public entities to prepare for the new regime as it will place a magnifying glass over decision making. This […]
ReadmoreLessons from 12 months of notifiable data breaches in Australia
The notifiable data breach regime under the Privacy Act 1988 (Cth) has now been in place for a little over 12 months. Earlier this week the Office of the Australian Information Commissioner released a 12-month Insights Report which contains some interesting statistics and observations. Statistics – notifiable data breaches Extrapolating from the full-year statistics for […]
ReadmoreEconomic duress – what it is, and what it is not
Customers in disputes with their lender often raise economic duress in circumstances where a lender attempts to take enforcement action. The potential ramifications are significant because a successful claim of economic duress can render the relevant agreement voidable. However economic duress is not simply the application of economic pressure applied by one contracting party over […]
ReadmoreThe risks of discontinuing: a look at the High Court’s decision in UBS v Tyne
The recent High Court decision of UBS v Tyne [2018] HCA 45 concerned circumstances where an original trustee of a trust discontinued proceedings in the Supreme Court of New South Wales, then almost 2 years later a subsequently-appointed trustee of the same trust commenced fresh proceedings in the Federal Court raising, in substance, the same claims against […]
ReadmoreBorrowers punished for behaving unconscionably in taking advantage of a lender’s mistake
The New South Wales Supreme Court decision of Citigroup v Wernhard [2019] NSWSC 132 considers whether certain conduct by the borrowers was unconscionable (as against a lender). Borrowers sold one of three properties that was held as security for loans to them, but the lender mistakenly released mortgages over all three. The borrowers noticed the mistake, subsequently sold […]
ReadmoreEmployment Lifecycle Series | Managing employees’ poor performance
You have successfully recruited the right candidate and prepared the new recruit for success through your effective and structured induction program. Unfortunately, employees do not always perform to the standard that is required or expected, or you may receive a complaint about an employee regarding an incident which can be regarded as misconduct. At this […]
ReadmoreProvider registrations by the NDIS Commission
In order to successfully obtain provider registration through the NDIS Commission, disability service providers must: Comply with the new conditions of registration and the NDIS Practice Standards; Complete a self-assessment against the NDIS Practice Standards; Complete an audit against the NDIS Practice Standards by a certified auditing body; Comply with the new NDIS Code of […]
ReadmoreSeven Year Hitch – PPSR turns 7 years old
On 30 January 2012 the “Personal Property Securities Register” (PPSR) commenced operations. The PPSR is an electronic register of security interests which was established under section 147 of the Personal Property Securities Act 2009 (Cth) (PPSA). This commencement date of 30 January 2012 means that on 30 January 2019 the PPSR turned seven years old. […]
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