News & Analysis as of

Australia Board of Directors

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

International Lawyers Network

Establishing a Business Entity in Australia (Updated)

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

Seyfarth Shaw LLP

Board accountability and sexual harassment in the new regime

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If it’s not already happening, Board room agendas will be making room for yet another compliance program. We’ve said it before and it’s worth repeating: the bolstering of anti-sexual harassment laws will see workplaces...more

International Lawyers Network

Establishing a Business Entity in Australia (Updated)

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most...more

World Law Group

[Webinar] The G in ESG - December 8th, 8:00 pm - 9:00 pm EST

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A corporation's purpose, the role and makeup of its board of directors, shareholder rights and disclosures, and measuring executive performance are globally recognized as critical factors in corporate governance. How can a...more

International Lawyers Network

Establishing a Business Entity in Australia (Updated)

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most...more

International Lawyers Network

Establishing A Business Entity In Australia (Updated)

TYPES OF BUSINESS ENTITIES - There are a number of business structures to choose from when starting a new business venture in Australia. Investors need to determine which form of business organisation is the most...more

Jones Day

The Future Direction of Corporate Criminal Responsibility in Australia

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On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more

Jones Day

Another Reason for ASIC Not to Litigate

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The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more

K&L Gates LLP

Director Penalty Notice Regime Extended

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From 1 April 2020, company directors will be personally liable for any unpaid GST, luxury car tax (LCT) and wine equalisation tax (WET), in addition to the pay as you go withholding (PAYGW) and superannuation guarantee...more

K&L Gates LLP

Doing Business in Australia

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Our comprehensive Guide to Doing Business in Australia, developed from the experience of our lawyers across our four key markets in Brisbane, Melbourne, Perth and Sydney, explores the many legal and regulatory factors to...more

Jones Day

Changes Ahead for Australia’s Corporate Criminal Liability Regime

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The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more

Jones Day

Australian Securities and Investments Commission's Half-Year Review of Public M&A Activities: Trends, Issues and Reminders

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The Situation: The Australian Securities and Investments Commission ("ASIC") recently released its report on its corporate finance regulatory activities for the first half of 2019. The Result: While ASIC's report makes...more

White & Case LLP

Directors put on notice over climate change related disclosures

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The Australian Securities and Investments Commission ("ASIC") has recently released updates to its existing regulatory guidance on effective disclosure, to clarify its position on the disclosure of climate change-related...more

Jones Day

Federal Court of Australia Finds Liquidator's Breach of Duty Claim Against Directors of Holding Company Valid

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The Situation: The question in Termite Resources NL (in liq) v Meadows, in the matter of Termite Resources NL (in liq) (No 2) [2019] FCA 354 was whether, in circumstances where the strategic, managerial and major operational...more

International Lawyers Network

Establishing A Business Entity In Australia

1. Types of business entities - 1.1 Types of entities available through which to conduct business - The following entities are recognized as business structures to conduct business under Australian law: Sole trader -...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on CA Law on Female Board Representation, Cross-Border Swaps Regulation,...

SEC/CORPORATE - California Adopts Law Regarding Female Representation on Boards of Directors of Publicly Held Companies - On September 30, California Governor Jerry Brown signed into law California Senate Bill 826 (SB...more

Jones Day

Has Australia's Takeovers Panel Turned the "Tap" on to More "Association" Proceedings?

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The Situation: A major shareholder of Tap Oil Limited, a company listed on ASX, gave notice of an intention to spill the board, to remove all but one of the current directors, through a general meeting of shareholders. The...more

Jones Day

Shareholder Activism Dealt a Blow in Australia's Federal Court

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The Background: In RBC Investor Services Australia Nominees Pty Limited v Brickworks Limited [2017] FCA 756 (10 July 2017) ("Brickworks case"), a large institutional investor sought to dismantle a cross shareholding...more

Seyfarth Shaw LLP

A perspective on the unequal representation of women in leadership

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It is an indisputable fact that women are not equally represented in leadership roles or management positions in Australian companies and governments, not even close. Even in 2016, this is the case in almost all arenas of...more

Seyfarth Shaw LLP

Director prosecution and conviction in New South Wales

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The NSW work health and safety regulator has brought a successful prosecution against a company director resulting in a criminal conviction and fines against the director and the company. An order was also made requiring the...more

Dorsey & Whitney LLP

This Week In Securities Litigation

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The SEC prevailed on two summary judgment motions. One centered on a manipulation action. The other was against an attorney who facilitated a prime bank fraud. The Commission also filed: An action against UBS tied to its...more

K&L Gates LLP

Directors' Liability Reform: Queensland Leads the Way

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The Directors' Liability Reform Amendment Act 2012 (Reform Act) was passed in the Queensland parliament on 16 October 2013, and most of its provisions commenced on 1 November 2013....more

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