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Results: 1-10 of 69

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


Actions speak louder than words: de facto and shadow liability
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

Directors of a company are subject to many duties, one of which is to prevent insolvent trading by their company. A person will not only be


The directors divide: the importance of separation of personal from company interests
  • McInnes Wilson Lawyers
  • Australia
  • January 28 2015

Directors have an obligation to act in the best interests of the company to which they are appointed. This obligation includes the proper use of


Losing control: consequences of shareholder disputes
  • McInnes Wilson Lawyers
  • Australia
  • January 28 2015

Disputes between shareholders and directors can have serious consequences. The recent case of Van Wijk (Trustee), in the matter of Power


Directors relationship status: how it can affect directors’ duties
  • McInnes Wilson Lawyers
  • Australia
  • November 27 2014

The recent case of Cornerstone Property & Development Pty Ltd v Suellen Properties Pty Ltd 2014 QSC 265 looked at the liability of a director for


Innocent parties: have your cake and eat it too: Q&A
  • McInnes Wilson Lawyers
  • Australia
  • July 28 2014

Our recent Legal Business Bulletin article reported the decision of Galafassi v Kelly 2014 NSWCA 19. We have received a query in relation to the


The meaning of ‘good faith’ in commercial contracts in Australia
  • McInnes Wilson Lawyers
  • Australia
  • July 21 2014

As the literature and cases demonstrate a definitive discussion on good faith in Australian contract law can run to pages, is loosely grouped in two


Restraint of trade in commercial agreements
  • McInnes Wilson Lawyers
  • Australia
  • July 17 2014

Restraint of trade clauses are not uncommon within commercial contracts. They operate to prevent one party from competing with the other during and


Construing contracts: understanding your ‘liability’
  • McInnes Wilson Lawyers
  • Australia
  • April 22 2014

The recent case of Swift v McLeary 2014 NSWCA 52 highlights the importance of understanding the wording of business contracts, and their


Drag-along clauses in Shareholder Agreements: invoking issues
  • McInnes Wilson Lawyers
  • Australia
  • January 8 2014

The case of William McCausland v Surfing Hardware International Holdings Pty Ltd 2013 NSWSC 902 showcases a creative attempt by a shareholder to