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Searching for Safe Harbour in difficult times

The ‘Safe Harbour’ regime under the Corporations Act 2001 (Cth) (the “Act”) provides businesses facing insolvency an opportunity to access legal safe harbour from civil penalties and adverse orders, in circumstances where those businesses would have otherwise been trading whilst insolvent under section 588G of the Act. Insolvency The Act imposes a fundamental duty on [...]

2024-09-02T00:57:10+00:00September 2nd, 2024|Uncategorized|Comments Off on Searching for Safe Harbour in difficult times

M&A exit considerations for mid-market businesses

The term “M&A” is commonly used in finance and legal circles and in boardrooms across Australia, but what does it really mean? Put simply, M&A is short for mergers and acquisitions – i.e., transactions that bring together two businesses. Selling your business, regardless of its scale or maturity, demands meticulous planning and foresight, should you [...]

2024-08-02T01:25:34+00:00August 2nd, 2024|Sale of Business|Comments Off on M&A exit considerations for mid-market businesses

Privacy Risks in your Business

How are you handling privacy risks in your business? Even as a small to medium business, if you are handling personal information of your clients, customers, employees, or any other stakeholder, you should have processes in place to ensure compliance with privacy laws and regulations, mitigate potential harms, and safeguard personal information. The most effective [...]

2024-07-30T01:24:00+00:00July 30th, 2024|Data Protection|Comments Off on Privacy Risks in your Business

National Unfair Contract Terms Regime Update

National unfair contract terms (UCT) regime came into operation in 2010 which rendered void unfair terms in standard form consumer contracts. Further reforms were introduced in November 2023 which made such UCT’s void, but also illegal. The Competition and Consumer Act 2010 and the ASIC Act 2001 contain significant penalties for using UCTs, with each [...]

2024-06-18T00:25:34+00:00June 18th, 2024|Contracts|Comments Off on National Unfair Contract Terms Regime Update
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