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Results: 1-10 of 193

Directors liability for insolvency: do what you say and perform your duties or face personal liability
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The point at which a company becomes insolvent is not always clear. The Courts will consider "various indicia of insolvency", including the company's


Unfair contract terms expansion to small business
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The Commonwealth Government has introduced the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Bill) into


Substance over form: is your agreement captured by the Franchising Code of Conduct?
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The Franchising Code of Conduct (Code) provides important protections to franchisees that aim to reduce the perceived inequality of bargaining power


Authoring your own misfortune: how decisions you make can result in you causing yourself loss.
  • McInnes Wilson Lawyers
  • Australia
  • July 29 2015

A common element of most franchise litigation is that one party caused another party loss through specific conduct. This is often described as either


Receivers reclaim their rights to revenue
  • McInnes Wilson Lawyers
  • Australia
  • July 23 2015

Receivers do not have to distribute profits from the sale of Inventory acquired by them during their appointment to priority creditors. The question


Unfair contract terms expansion to small businesses - what is the potential impact for franchises?
  • McInnes Wilson Lawyers
  • Australia
  • June 30 2015

The Commonwealth Government is in the process of consulting and finalising legislation to extend the unfair contract terms provisions contained in the


Negotiated outcomes with the ACCC: is the High Court decision of Barbaro the end of the world as regulators and those negotiating with them know it?
  • McInnes Wilson Lawyers
  • Australia
  • May 25 2015

As a result of a High Court decision, Barbaro v The Queen, courts are not required to adopt, as the appropriate sentence for admitted offences, any


Court mandates protection of investors
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2015

The Federal Court in the case of Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) 2015 FCA 342 considered alleged


Insolvent trading: directors don’t always know best
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2015

Directors of an insolvent company face a strict duty not to allow their company to trade whilst insolvent. Whilst there are exceptions and defences


Not all that glitters is golden: compulsory acquisition of land compensation
  • McInnes Wilson Lawyers
  • Australia
  • April 29 2015

Generally, each State and Territory in Australia has legislation providing for the compulsory acquisition of land. In Queensland, this is dealt with