Author: Angelo Venardos

25 August 2015

Running a Company whilst Disqualified

Disqualification ASIC has the power to disqualify a person from managing a company for up to 5 years where that person has, within the previous 7 years, been an officer of two or more companies that have been wound up and deemed insolvent by a liquidator. A person will be automatically disqualified for being convicted […]

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7 July 2015

What is a Creditor’s Statutory Demand?

A Creditor’s Statutory Demand (CSD), as defined under section 459E of the Corporations Act 2001 (Cth) (“the Act”), can be a highly effective tool in the recovery of a debt against a company (“debtor”). What is required for a Creditor’s Statutory Demand? To issue a CSD, the following requirements must be satisfied: the total debt […]

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1 July 2015

Can social media affect a person’s employment?

Just recently Scott McIntyre, a football reporter for public broadcaster SBS, had his employment terminated for inappropriate use of his Twitter social media account. McIntyre had posted controversial messages known as “tweets” to his 31,000 followers regarding the integrity of the Anzac soldiers who were being commemorated on Anzac Day. SBS dismissed McIntyre the next […]

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28 May 2015

What is a Concerns Notice?

What do you do if you have been defamed? If you believe that you have been defamed, then the first step in a defamation action is to issue a Concerns Notice. This notice will usually outline the date on which the defamatory statements were made, what was said, the defamatory imputations that stem from the […]

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21 May 2015

What is the limitation period on bringing an action for defamation?

Time limitation on commencing defamation proceedings Prior to the Defamation Act 2005 (Qld) (“the Defamation Act”), a person had six years from the date of the publication to commence defamation proceedings. Since 2005, the limitation period prescribed under section 10AA of the Limitation of Actions Act 1974 (Qld) (“the Act”) requires a person to commence […]

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18 May 2015

What are the duties of a director of a company in Australia?

The laws in relation to the duties of directors in Australia are contained in the Corporations Act 2001 (Cth) (“the Act”). The laws in relation to the duties of directors are designed, amongst other things, to promote good governance and limit possible conflicts of interest between directors and their companies, thereby seeking to prevent directors […]

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25 March 2015

Can a bullying claim continue after a worker has been sacked?

In a recent case, the Fair Work Commission decided that although sacked workers’ anti-bullying claims are likely to fail, it may be appropriate to hold such claims “in abeyance” if the worker is “actively” contesting their dismissal. As with all anti-bullying claims, the details of the case including the names of the employer, alleged bully […]

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10 November 2014

Resignation or unfair dismissal?

Almost every employer can speak about the experience of employing a person whose ultimate resignation came as a relief. Relief at not having to go through the ugly process of terminating someone’s employment and possibly having to defend an unfair dismissal claim. But not every resignation is a successful bar to an unfair dismissal claim. […]

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23 October 2014

Employee share schemes

Recently the Australian Government released a policy statement entitled ‘Industry Innovation and Competitive Agenda.’ The Agenda includes a proposal to reverse the previous Labour Government’s changes to the way in which employee share schemes (ESS) are taxed. The changes will be welcomed by businesses in particular start up companies. How are ESS currently taxed? In […]

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19 September 2014

Increased disclosure obligations for liquidators under the ARITA Code

Changes to the Privacy Act and the decision in the Federal Court of Australia case of Australian Securities and Investments Commission v Franklin (liquidator), in the matter of Walton Constructions Pty Ltd [2014] FCAFC 85 (‘Walton appeal decision’) prompted the addition of section 6.6.1 to the Australian Restructuring Insolvency and Turnaround Association (ARITA) Code of […]

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