A recent decision by the Administrative Appeals Tribunal (AAT) has upheld the disqualification of a director of a corporate trustee of a self-managed super fund (SMSF) for several contraventions of the Superannuation Industry (Supervision) Act 1993 (SIS Act). Key...
Company directors must be aware that you have less than two weeks left to apply for a Director Identification Number (DIN), or risk exposure to a substantial monetary penalty. The introduction of the DIN initiative seeks to promote good corporate governance and...
Introduction The issue of defective work in the construction industry, particularly as it concerns residential developments, has been an issue of public concern for many years and has attracted significant publicity. Forming part of the suite of reforms recently...
The Federal Government released exposure draft legislation aimed at increasing penalties for contraventions of Australia’s competition and consumer laws. In August 2022, the Federal Government released the Treasury Laws Amendment (Competition and Consumer Reforms No....
Congratulations to Partner John Gray! John recently celebrated the 50th anniversary of his admission as a legal practitioner. The team at ClarkeKann are honoured to share in this remarkable achievement and proud to call John a colleague and friend. Over the course of...
Section 138C of the Personal Properties Securities Act 2009 (Cth) (PPSA) provides for the seizure and disposal or retention of livestock by a secured party. It is in addition to the general power of seizure the subject of section 123 of the PPSA. The Federal Court...
The Land and Environment Court in Bronger v Greenway Health Centre Pty Ltd t/as Greenway Plaza Pharmacy [2022] NSWLEC 91 rejected a claim that the operation of a pharmacy in the Greenway Medical Hub was an impermissible retail pharmacy. Key Takeaways The terms 'retail...
Key Takeaways Decisions by consent authorities to list buildings in the state's heritage register are vulnerable to legal challenge if the decision is not supported by reasons which have ‘regard to any statutory requirements applying to the decision’. Consent...
A recent decision by the Land and Environment Court of New South Wales has provided clarification on the statutory test for modification applications involving several elements. Key Takeaways Any proposal to modify an original development must ensure that the modified...
In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors,...
How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....
Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...