The New Execution Regime for Companies and Directors
The Corporations Amendment (Meetings and Documents) Bill 2021 which received assent on 10 February, will come into effect on the expiry of the current measures. This builds on the existing temporary relief by providing permanent measures which allows companies, registered schemes an directors to utilise technology and operate with greater ease.
Consider Privacy when Buying or Selling a Business
If the business falls within this definition, then generally it is not protected by the Privacy Act. Therefore, it is important that checks and balances are put in place so that confidential information cannot be disclosed to others.
Family Trusts and ATO
On 23 February 2022, the Australian Taxation Office (ATO) issued guidance on discretionary trusts and the application and operation of section 100A of the Income Tax Assessment Act 1936 (ITAA 1936)
Mental Illness as a Basis to Rescind a Contract for the Sale of Land
Mr O’Meara served a notice to rescind pursuant to a special condition on the basis that he had “become mentally ill”. Since Brennan v O’Meara, if a contract for the sale of land has an incapacity provision, it will now often provide a definition of ‘mental illness’ in order to promote greater contractual certainty.
Buying & Selling a Small Business – Confidentiality
It is recommended that a small business owner protect their confidential information by requiring any potential purchaser to enter into a Confidentiality Agreement before being given access to information which may be used to the detriment of your business.
Facebook and Defamation
Mr Voller commenced defamation action against the news outlets for comments made by members of the public on the news outlets’ Facebook pages. He alleged each news outlet was a ‘publisher’ of the third-party comments under defamation law.
Can My Step Kids Challenge My Will?
The rise in divorce rates and blended families has resulted in changes in family dynamics and has added complexity to the way in which people view their estate planning needs. In some circumstances, it has generated expectations on step-parents to make provision for step-children in their Will and in other circumstances it has resulted in…
Animal Law Update
In March 2021, the Prevention of Cruelty to Animals Amendment Bill 2021 was passed by NSW parliament. The Bill was proposed largely to amend the Prevention of Cruelty to Animals Act 1979 (NSW) (‘POCTA’) in order to increase penalties for certain animal welfare offences. The amendments were pursued due to ongoing criticism that NSW has…
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