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Our legal experts will keep you up to date on all relevant and current developments.

The Effect of PPSA on the Fixed and Floating Charge
Wednesday 31 August 2011 / by Krystiana Conomos posted in Commercial Recovery

Implementation of the Personal Property Securities Act 2009 (PPSA) was set to commence on 31 October 2011. However, there is a degree of uncertainty as to the commencement date due to some difficulties which were encountered during the User Acceptance Testing of the web interface. In the meantime, it is important that businesses consider what steps they need to take to ensure they are ready.


Thursday 11 August 2011 / by Alison Choy Flannigan posted in Food Law Health Aged Care & Life Sciences Workplace Relations

Articles on Health, Medico-Legal, Life Sciences, Retirement Living and Aged Care plus Workplace Safety law and a Food Safety Update of Hospitals and Aged Care Facilities.


Are shareholders in a private company entitled to inspect the company's books and accounts?
Tuesday 1 February 2011 / by Tal Williams posted in Business, Corporate & Commercial

A recent matter before the Federal Court has highlighted the difficulties that shareholders may have in accessing the accounts and books of a company in which they hold a material interest.

The lesson to be learnt from the following case is that the terms of access to the books and accounts of a company should be made clear in a shareholders agreement.

If it is the intention of the parties to allow shareholders access to the relevant material, then that right should be established as an unfettered right rather than one conditional upon further action, conduct or approval by the Board.


Changes to Paid Parental Leave Effective from 1 January 2011
Monday 31 January 2011 / by Robin Young posted in Business, Corporate & Commercial

The Paid Parental Leave Scheme ('PPL') commenced on 1 January 2011 in accordance with the provisions of the Paid Parental Leave Act 2010.

New parents who are primary carers of children born or adopted after this date are eligible to apply for the PPL payments. Such entitlements are available to all categories of employees, including casuals and may apply to contractors in certain circumstances.

The PPL operates in conjunction with any current entitlement that an employer provides to its employees under its employment contracts or policies.


Sunday 30 January 2011 posted in Business, Corporate & Commercial

The James Hardie case stems from proceedings brought by ASIC against former James Hardie Industries Limited Directors in relation to approval of a draft ASX Announcement at a Board meeting. The announcement was found to be misleading in relation to the ability to meet the claims of asbestos victims. Trial judge, Gazell J held that the Directors breached their statutory duty in approving the Announcement. The Directors were ordered to pay $30,000 in pecuniary penalties and were prohibited from managing corporations for five years.


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