Insolvency Reforms: for better or for worse?

On 24 September 2020, the Australian Federal Government announced what it called the most significant reforms to Australia's insolvency framework in over 30 years. "The reforms, which draw on key features from Chapter 11 of the...

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Shareholders’ Agreements – What are they and what are they for?

As the name suggests, a Shareholders' Agreement is an agreement between the shareholders of a company, which sets out the rules and processes that will apply to shareholders investing in and participating in the decision making of...

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Extension of temporary COVID-19 Corporations Act amendments

On 31 July 2020, the Treasurer, Josh Frydenberg, announced that the Morrison Government would extend certain features of the temporary Coronavirus response legislation for a further 6 months. Until 21 March 2021, company direct...

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Court orders variation of unfair contract terms – lessons when using unilateral variation clauses

A recent Federal Court decision could serve as a guide when incorporating unilateral variation clauses into standard-form contracts with small business and consumers. ASIC successfully obtained orders declaring void and varying "u...

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Company execution of documents in a COVID-19 world

The COVID-19 pandemic has resulted in a rapidly changing working environment, which has required companies to constantly pivot and adapt. In particular, signing paper documents in accordance with the law has become particularly ch...

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Avoiding trouble in tenders

Tendering is a process by which entities, commonly governments and private sector entities (Principal), procure goods and services competitively. Principals are usually familiar with the Request for Tender document (RFT), issued t...

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