All publications relating to ‘Litigation’
Validity, voidability and unenforceability in contract law
If you have entered into a contract, you or the other party have drafted without legal assistance, you should consider some of the unintended serious consequences that can arise, including where a contract or a term in a contract is void, voidable or unenforceable. There are differences between validity, voidability and unenforceability. This article…
Directors’ Access to Company Books: Navigating Statutory & Common Law Requirements in Australia
To manage a company and discharge their duties, directors need access to company information. Tension between directors can arise about what access they can have to company books, particularly in the context of a dispute at board level. However, directors have statutory rights and common law rights to access company books. This…
Graduate Interview Series | Fiona Deng
Why did you choose Swaab? I chose Swaab because I was drawn to its diverse practice areas and opportunity for growth as a junior lawyer. At university, I studied a variety of electives as I was navigating my way through different areas of law. As such, I felt that Swaab would be a perfect place for me to…
Update on Statutory Demands – changes to minimum threshold and (for some) time to comply
On 1 July 2021, Schedule 1 to the Corporations Amendment (Statutory Minimum) Regulations 2021 (Cth) (Regulations) came into force, increasing the minimum amount which a debtor company must owe a creditor before that creditor can issue a statutory demand to the debtor (Statutory Minimum) and changing, for some debtors, the period in which debtors can…
Changes to the Building and Construction Industry Security of Payment Act 1999
Residential home building work carried out by a home builder for an owner occupier homeowner has (until very recently as noted below) always been exempt from the security of payment régime in New South Wales. However, since 1 March 2021 residential builders have been able to resort to the Building and Construction Industry…
Changes to statutory demands from 1 January 2021
The temporary insolvency protections relating to statutory demands, which apply to all companies, are due to end on 31 December 2020. In the normal course, under section 459E of the Corporations Act, a creditor can issue a statutory demand against a company demanding payment of a debt of at least $2,000 (the Statutory Minimum) that…
Our most popular articles published during 2020
We are almost at the end of 2020, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year: 1. COVID-19 Tenancy Update by Mary Digiglio & Tony D’Agostino | Property, Planning & Projects | 24 September 2020 2. COVID-19 | Redundancy payments during the…
First 30 days | Hardings integration
To our valued clients and friends As most of you will already know, as of the 1 July 2020 the staff of Hardings Lawyers joined Swaab in their newly refurbished offices. With Covid-19 still having a major impact on office attendance with WFH arrangements and Partners and staff being on a roster system to attend…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
Defining An ‘Officer’ Under the Corporations Act: Case Note — Australian Securities and Investments Commission v King [2020] HCA 4
Defining An ‘Officer’ Under the Corporations Act: Case Note — Australian Securities and Investments Commission v King [2020] HCA 4 Introduction On 11 March 2020 the High Court of Australia handed down judgment in the case of Australian Securities and Investments Commission v King [2020] HCA 4, with the judgment providing a long-awaited clear…