What effect does external administration have on legal proceedings?

What effect does external administration have on legal proceedings?

Under the Corporations Act 2001 (the Act) there are several provisions which have the effect of preventing an entity from continuing or commencing legal proceedings against a company in external administration. Voluntary Administration Section 440D of the Act states that: During the administration of a company, a proceeding in a court against the company or […]

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Dick Smith appoints an external administrator

By on 8 January 2016 in Corporations Law with 0 Comments
Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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Keeping in touch with an employee on parental leave

By on 17 December 2015 in Employment Law with 0 Comments
Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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Proposed Retail Shop Lease Amendments – Lessor Disclosure Statement

By on 15 December 2015 in Commercial & Retail Leasing with 0 Comments
Proposed Retail Shop Lease Amendments – Lessor Disclosure Statement

The Retail Shop Leases Amendment Bill 2015 (Qld) (the Bill) was introduced into Parliament on 13 October 2015. The Bill has been drafted in response to a statutory review of the Retail Shop Leases Act 1994 (Qld) (the Act) and is a replacement of a 2014 Bill which lapsed due to the change in Government. […]

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Innovation to be a key driver for Government into the New Year

By on 9 December 2015 in Government with 0 Comments
Innovation to be a key driver for Government into the New Year

Earlier this week the Turnbull Government released their Innovation Statement, which sets out the Governments plan support the growth of innovation in Australia. What are the key changes? Some of the key proposals of the Government’s Innovation Statement are: Research and science: Nearly half of the proposed spending will fund research and science infrastructure. It […]

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Australia to catch up on Crowdsourced Funding

By on 26 November 2015 in Capital Raising with 0 Comments
Australia to catch up on Crowdsourced Funding

Australia has one of the highest rates of new entrepreneurial businesses in the world, however unlike the UK, Canada, US and New Zealand, it does not have laws in place that easily allows these new companies to raise equity through direct ‘crowd’ funding. What are Australian companies barriers for Crowdsourced Funding? Currently, Australian companies are […]

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Can a company sue for defamation?

By on 29 October 2015 in Defamation with 0 Comments
Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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Does leave accrue while an employee is absent from work and receiving workers’ compensation?

By on 8 October 2015 in Employment Law with 0 Comments
Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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Potential Changes to Paid Parental Leave

By on 1 September 2015 in Employment Law with 0 Comments
Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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Running a Company whilst Disqualified

By on 25 August 2015 in Corporate Governance with 0 Comments
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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