News

1 January 2020 Deadline Looming for Mandatory Whistleblower Policy

From 1 January 2020, it will be mandatory for all public companies, large proprietary companies and registerable superannuation entities to have a whistleblower policy that complies with section 1317AI of the Corporations Act 2001 (Cth).

Full Federal Court Hands Down Landmark Adverse Action Dismissal Decision Relating To Disability

In the recent decision of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181, the Full Federal Court examined the application of section 351 of the Fair Work Act 2009 (FW Act) and clarified the distinction between a disability, its manifestation and the consequence of its manifestation.

Can A Company Provide Financial Assistance To A Person To Acquire Shares In The Company?

The High Court of Australia in Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33 was concerned with two shareholders who used their combined voting power to initiate proceedings in the name of a group of companies against a third shareholder who proposed to sell his interest, in contravention of a pre-emptive rights provision of the companies’ constitution. In upholding the Court of Appeal’s decision to dismiss the proceeding against the third shareholder, the High Court illustrated the circumstances in which financial assistance by a company to a shareholder will be prohibited by section 260A of the Corporations Act 2001 (Cth).

Victoria Airs Laws To Chase “Dodgy Builders” For Cladding Issues

Victoria has announced new laws allowing the state government to chase builders for the cost of cladding rectification, prompting the main industry body, the Victorian Building Authority, to fume that it is being singled out for a problem caused by many players, including the government.