News
Did you know: Creditors can serve statutory demands by email?
The Corporations Act is slowly catching up to modern technology. We have recently seen the introduction of measures such as electronic signatures and director identification numbers, the short-lived regulation of proxy advice …
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AFSL holders the target of both cybercriminals and ASIC: Failure to protect against cyberattacks results in judgment against financial services licensee
Cyber security risk forms a significant risk connected with the conduct of the business and provision of financial services.
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Update on a Landlords’ ability to recover outgoings under the Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA)
The Court of Appeal in Western Australia has finally settled an ongoing tension between landlords and tenants regarding the obligations to pay operating expenses As a result of the Court of Appeal’s …
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Children fail in their bid to use litigation to force the Australian Government to address climate change
The reality of climate change should be obvious to anyone living in Australia over the last few years. Deadly floods followed deadly fires, which had followed a devastating drought. Other parts of …
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Mandatory Director Identification Number requirements incoming
From 5 April 2022 any person wishing to be appointed as a director under the Corporations Act 2001 (Cth) must now apply for their individual director identification number (DIN) from the Australian …
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No money for Jams: a warning to asset-based lenders from the High Court of Australia
In Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court of Australia unanimously allowed an appeal from a judgment of the Court of Appeal of the Supreme Court of …
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ASIC issues ultimate ‘challenge’ to influencers
On Monday ASIC released an Information Sheet (Info 269) aimed squarely at putting social media influencers, and those who use them to market their financial products and services, on notice that their …
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Government signs off on electronic signatures
Since 2020 we have provided updates on the temporary changes to the Corporations Act 2001 (Cth)(the Act) brought in to support Australian businesses during the COVID pandemic, including permitting the electronic execution …
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ESG Litigation – The availability of the Public Examination Power to pursue ESG Claims
A recent decision by the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 (Walton) has significant implications for ESG litigation …
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Landlords – do you need to know your tenants’ vaccination status?
What are the mandates? As the number of cases of COVID-19 are rising, so are the list of mandates handed down by the Western Australian Government. Based on the latest health advice, …
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