The DIN is coming in! Australia’s introduction of a Director Identification Number (DIN) regime

Scrutiny of corporate governance and the role of directors is set to continue throughout 2020 and into 2021 as the aftermath of the Banking Royal Commission and economic impact of COVID-19 play out. Against that background, Australian directors and corporations now face a significant new administrative burden as the long-time-coming registry modernisation legislation passed without […]

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Holding company director as “officer” of subsidiary under the Corporations Act

In ASIC v King [2020] HCA 4, the High Court considered whether a director of a holding company was an “officer” of a subsidiary company for the purposes of the Corporations Act (the Act). If so, the “officer” may have been liable for breaches of duties as an “officer”. Background Mr King was the CEO and an executive director of […]

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COVID-19 | Stay Cyber Safe

In this joint publication with strategic communications agency Pesel & Carr, we break down how to manage your privacy obligations and communications effectively during the COVID-19 pandemic. There has been an uptick of reports of bad actors using the COVID-19 pandemic for scams, online frauds, and phishing campaigns. With new remote working arrangements and workplace […]

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Yearning for an interim fight? A warning regarding costs

A recent case in which Gadens acted for a successful third party has provided a stark warning to participants in family law proceedings to carefully consider the merits of their arguments versus desires to be heard when litigating interim matters, or run the risk of orders for indemnity costs being made against them. Background Pelton […]

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COVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing

On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]

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COVID-19 | Electronic signing and virtual meetings: New temporary relief for companies a significant step on a longer journey

In a significant development for companies, the Treasurer has utilised his new power to modify the Corporations Act 2001, the Corporations Regulations 2001, the Insolvency Practice rules, and the Passport Rules so that, for a period of six months effective from 6 May 2020: entities can hold virtual meetings without the need for a physical location; […]

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COVID-19 | Webinar | JobKeeper | One month on

It’s one month since the JobKeeper payment was announced, and our panel of experts discussed what we are seeing in the market at the moment. Gadens Partners Siobhan Mulcahy (Employment Advisory), Peter Poulos  (Corporate Advisory & Tax) and Andrew Kennedy (Property & Construction) covered the ‘in-the-field’ challenges, practicalities and strategies in implementing JobKeeper, and how […]

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COVID-19 | The JobKeeper Payment – What this might mean for your business [updated to be current as at 26 April 2020]

The Coronavirus Economic Response Package (Payments and Benefits) Act 2020 (Cth) (Payments and Benefits Act) and Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 (Cth) (Omnibus Act) implement a framework for economic response payments known as the JobKeeper scheme and temporarily amends the Fair Work Act 2009 (Cth) (FW Act) by applying specific COVID-19 provisions. Following the […]

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COVID-19 | Asset Protection

The issue of asset protection often doesn’t materialise until it’s too late, however the current COVID-19 crisis should serve as a reminder that all those who personally own a business, are company directors, or even those in professional services should take legitimate steps to protect their assets. Much like when Kerry Packer told everyone who […]

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FMCG Express | April Edition

It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]

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COVID-19 | Webinar | When a party cannot meet its contract obligations

In this pre-recorded webinar, Dudley Kneller, a partner in the Intellectual Property and Technology team, speaks to LexisNexis about force majeure and outlines how you can protect your business by understanding your key legal and commercial arrangements and addressing major supply and delivery risks. You can read the related article here, published by LexisNexis.   […]

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COVID-19 | Webinar | The JobKeeper Payment: What this might mean for your business

To assist companies through the economic impacts of COVID-19, the Federal Government recently announced the JobKeeper Payment package. Under the support package, eligible businesses impacted by the coronavirus will be able to access a subsidy from the Government to continue paying their employees. Eligible employers will be able to claim a fortnightly payment of $1,500 […]

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