Redefining Small Proprietary Companies
The Corporations Act 2001 (Cth) (‘Act’) classifies Australian proprietary companies into ‘large’ or ‘small’ companies. While the Act ...
Changes to the ASX Listing Rules announced
On 10 October 2019 the Australian Securities Exchange (ASX) released changes to the ASX Listing Rules and guidance and its response to...
Property Ownership Structures - Asset protection versus minimising tax
An examination of Mingos v Co
The recent case of Mingos v Commissioner of Taxation illustrates the need to consider all aspects of holding an asset within a trust....
Replacing the Appointor
There are important lessons to be learnt at two separate stages of the life of a discretionary trust deed.
At the drafting stage consider, w
Company books: Access for shareholders
Outlines the options available to shareholders to access company books.
Shareholders’ agreements and company constitutions: A case of no inconsistency
Cody v Live Board Holdings Limited demonstrates that a shareholders’ agreement with an inconsistency clause, will not automatically take pre
ASDEFCON - Defence Takes a New Approach
In this article we set-out the categories of material, the ownership and licensing regime and attempt to distil complex topics into a brief
Do I need a Shareholders Agreement?
A shareholders agreement set out the rights and obligations between the parties to the agreement including the company shareholders and...
Discretionary Trusts and the Power to Change
Introduction In March 2017 the High Court dismissed the special leave application appealing the decision of the Court of Appeal of the...
ACCC brings first unfair contract terms case
The Federal Court has declared eight contract terms unfair in the first test of the new unfair contracts legislation in ACCC v JJ...
