The Office of the Commissioner for Body Corporate and Community Management has handed down a decision distinguishing between the use of proxies and powers of attorney, which will have considerable impact on how votes are able to be cast at a general meeting. The...
WHO IS A DIRECTOR? Section 9 of the Corporations Act 2001 provides that the definition of a director also includes a person who is not validly elected as a director if: They act in the position of a director (often referred to as a de facto director). A de facto...
NEW NOTICES ISSUED The Valuer-General through the Department of Natural Resources & Mines (“DNRM”) issued Annual Land Valuation Notices (“Notice”) on 2 March 2016 for various local government areas including Brisbane City Council, Gold Coast City Council, and...
MAINTENANCE & WARRANTIES Most lot owners within strata schemes have a general awareness of the fact that statutory and contractual warranties apply to various aspects of the building, plant and equipment contained in their scheme. However, as the adage goes; the...
Businesses have an obligation to comply with numerous pieces of legislation, and this can certainly prove challenging. But the importance of putting in place a proper process for requiring and monitoring compliance cannot be underestimated. CURRENT FOCUS In 2015, the...
IN THIS ISSUE: A recent decision of the Northern Territory Anti Discrimination Commission serves as a timely reminder to ensure company policies are in place, and that staff are adequately aware of, and trained in, those policies A failure to ensure staff are trained...
SHAREHOLDER PROTECTION Shareholders do not generally have the right to intervene in the management of the company or to have their views considered in relation to the conduct of the company’s business. However, they do have the right to vote at general meetings and...
Time has become an increasingly common theme in construction disputes in Australia. At some stage, most participants in the construction industry will encounter a dispute about a time limit. Judges of the Queensland Courts are giving clear warnings to be wary of time...
With growing uncertainty in the economic environment both in Australia and globally, regulators of the building and construction industry are focusing on introducing further measures to protect retention monies and generally the flow of money down the supply chain....
Recent legislative amendments are designed to ensure foreign residents are liable to pay tax on capital gains on certain real estate transactions. The amendments impose a 10% tax withholding requirement on Australian real property valued at over $2 million that is...
As published in CK Momentum Issue 9 (Click here to download) Heard of 3D printing? Sure you have! They’re those whiz bang machines that build little models which you see at your kids’ school’s open day to prove how tech savvy the school is. But did you know there is...
As published in CK Momentum Issue 9 (Click here to download) John Toigo and Kate Gardner in our Corporate Team, recently acted as the Australian lawyers for Anteo Diagnostics Limited (ASX:ADO), an Australian listed biotech company, in its acquisition of 100% of...