The Corporations Amendment (Meetings and Documents) Act 2022 (Cth) (Act) received royal assent. The Act amends the Corporations Act 2001 (Cth) (Corporations Act), giving rise to changes affecting company meetings, communications and document execution.

A reform of the Privacy Act 1988 is long overdue. On 12 September 2024, the Attorney-General tabled the Privacy and Other Legislation Amendment Bill 2024 (Bill) before Parliament. This article outlines the new reforms and changes the Bill hopes to implement.

ASIC has started bringing court actions against Directors in Australia for failing to have a Director Identification Number (DIN). The actions brought by ASIC are criminal. Therefore, any penalty imposed by the court in such a case will result in the Director having a criminal record.

When doing business with anyone, mutual expectations must be agreed upon. If minority investors are to become part of your organisation the rights and responsibilities of those investors should be clearly set out in shareholder agreements and be well known and understood by the parties.

As a law firm that has acted for hundreds of buyers and sellers of businesses, we have learned that the timing of a transaction can be fundamental to its success or failure.

In early 2023, the Australian Competition and Consumer Commission (ACCC) conducted an internet sweep of influencers who were promoting and advertising products on social media. In December 2023, the ACCC released their findings, determining and identifying deceptive marketing practices used across the digital economy. 

Previously, an ‘unfair’ contract term could be declared void. However, from 9 November 2023, franchisors are prohibited from entering into standard form contracts with franchisees that contain unfair terms. Franchisors are also prohibited from relying on unfair terms, which have been renewed or varied on or after 9 November 2023. Doing so may attract substantial financial court penalties, now potentially in the millions.

Issues will inevitably arise in a franchise relationship. Sometimes, those issues can be dealt with quickly and in a way that allows both parties to carry on their business in a positive manner. Other times, an issue has become too big, or a series of smaller issues linger, and some type of third party intervention is required.

Coercion in business law is not just a theoretical concept; it's a practical reality that can impact contracts and relationships significantly. Holman Webb Lawyers can help navigate these murky waters, providing clarity and protection to businesses and individuals alike. 

As we delve into the nuances of coercion, let's explore what it means, how it manifests in business dealings, and its legal repercussions.

The case of Bellas v Powers [2023] NSW SC involved a dispute over the enforceability of a clause that imposed a higher interest rate on a loan facility in the event of default. The court held that the clause was a penalty as it was extravagant and unconscionable in comparison with the greatest loss that could be proved to have followed from the breach. The term was therefore deemed void and unenforceable.