WHOOPS! YOUR HEAD OF SALES JUST LEFT THE COMPANY LAPTOP ON THE BUS! TIME TO INFORM THE PRIVACY COMMISSIONER? Lost laptops and portable devices containing personal information are among the examples listed by the Office of the Australian Information Commissioner in its...
DANGER: Registering Security Interests against the ABN instead of the ACN can be Fatal!
A recent NSW Supreme Court decision in the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (“the decision”) has stressed the importance of registering security interests correctly. In this case, Alleasing P/L (“Alleasing”)...
No Consultation? No Genuine Redundancy!
WILLIAMS & ORS v STAPLES AUSTRALIA PTY LTD [2017] FWC 607 – 3 FEBRUARY 2017 The Fair Work Commission recently reinstated four employees who had been made redundant. The decision reinforces the importance of following consultation obligations under enterprise...
Strict Compliance and the Exercise of Options
A recent Court of Appeal decision has highlighted the need for careful drafting of agreements to anticipate changes to legislative requirements and industry standard contracts (JLF Corporation Pty Ltd v Matos [2016] QCA 355). This decision also confirmed that option...
The "Viridian Case" and the Test of Body Corporate "Reasonableness"
Property developers and body corporate managers need to be aware of the recent High Court decision concerning the test of “reasonableness” in relation to body corporate decisions. INTRODUCTION The recent High Court decision in Ainsworth & Ors v Albrecht & Anor...
CK Strata Partner Appointed to Board of Directors of SCA (QLD)
James has a wealth of experience in building and construction, property, commercial litigation, debt recovery and insolvency matters, and specialises in body corporate and community management disputes and levy collections. James approaches dispute resolution...
Introducing CK Strata
Introducing CK Strata, our complete strata legal service offering an end to end approach for all strata matters. We have decades of experience in all strata matters, from the initial development and title of strata title properties, through to proper corporate...
CK Advises Major Agrifinance Player StockCo on Elders Acquisition of Equity Stake
ClarkeKann has advised longstanding client StockCo on the acquisition by Elders of a 30% stake in its Australian business. StockCo is the largest specialist provider of livestock financing in Australia and New Zealand. It provides a wide range of specialised...
Startup Securities eBook
STARTUP SECURITIES is an easy to read primer that aims to acquaint entrepreneurs and small business owners with the world of startup funding. In its four sections you will find information about the tools entrepreneurs have at their disposal to raise capital and to...
Employee Paid $1.3M for Adverse Action
CFMEU v Hail Creek Coal Pty Ltd [2016] FCA 1032 A recent adverse action case has demonstrated how day to day employment decisions can be a high stakes contest. Justice John Reeves of the Federal Court has found that a central Queensland mine took unlawful adverse...
CK advises Taurus Funds Management on Foxleigh Coal Mine Acquisition
ClarkeKann has advised Taurus Funds Management ("Taurus"), a US based resources fund, on its acquisition of Anglo American’s interest in the Foxleigh mining joint venture. The transaction is valued at approximately $150 million. Foxleigh is an open cut mining...
New QLD Stamp Duty Charge for Foreign Buyers
Developers and foreign investors should be aware that in Queensland from 1 October 2016, there will be a 3% stamp duty surcharge on foreign buyers for the acquisition of residential property, under the Duties Act 2001. This will be known as Additional Foreign Acquirer...