How commercial lawyers can contribute to a business Owners and managers that have operated in the corporate industry for a number of years are no doubt aware the value that a commercial lawyer can bring to a growing company. All too often, lawyers are considered to...
Directors Beware – Criminal Liability May Arise for Breaches by the Company The decision in ACCC (Australian Competition and Consumer Commission) v Davies [2015] FCA 1017, shows that directors may open themselves to personal criminal liability for any breaches that...
In Note Printing Australia Ltd v Leckenby [2015] VSCA 105, the Victorian Court of Appeal upheld the decision made in Leckenby v Note Printing Australia Ltd [2014] VSC 538 requiring a company to indemnify its former Chief Executive Officer, John Leckenby, from the...
Digital Communication and the Formation of Contracts In the digital world we now live in it is prudent to give due consideration to the numerous emails that are sent everyday; could you be unwittingly entering into a binding contract? Emails can now form a binding...
Company directors may take heart from Mariner decision Justice Beach in Australian Securities and Investments Commission (ASIC) v Mariner Corporation Ltd [2015] FCA 589 had to consider questions relating to the statutory business judgment rule as outlined in s 180(2)...
The Western Australian Supreme Court of Appeal decision in Westpac Banking Corporation v Bell Group Ltd (in liq) [No 3] [2012] WASCA 157 shone a spotlight on the issue of the fiduciary duties owed by directors to act in the bona fide interests of the company, and for...
