Business Law Library & Tracker
Companies & Startups
Company setup, directors, shareholders, fundraising and governance rules for startups and SMEs.
Sources last reviewed 8 June 2026
Main law guides
307
Acts, regulations and codes worth reading first
Topics
22
Plain-English clusters
Published case explainers
496
Selected cases with a business lesson
Tracked updates
110
New, amended & reviewed
Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.
Get legal helpMain laws
Corporations Act 2001
Corporations Act 2001 (Cth)
Business Names Registration Act 2011 (Cth)
Business Names Registration Act 2011 (Cth)
Corporations Regulations 2001
Corporations Regulations 2001 (Cth)
Australian Charities and Not-for-profits Commission Act 2012 (Cth)
Australian Charities and Not-for-profits Commission Act 2012 (Cth)
Australian Securities and Investments Commission Act 2001 (Cth)
Australian Securities and Investments Commission Act 2001 (Cth)
Charities Act 2013 (Cth)
Charities Act 2013 (Cth)
Insolvency Practice Rules (Corporations) 2016
Insolvency Practice Rules (Corporations) 2016 (Cth)
Australian Charities and Not-for-profits Commission Regulations 2022 (Cth)
Australian Charities and Not-for-profits Commission Regulations 2022 (Cth)
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Tracker
- Case8 June 2026
Current voidable transaction and payroll tax cases added
This batch adds official Federal Court explainers for related-party asset transfers before liquidation and payroll-tax unfair preference recovery. The practical theme is insolvency evidence discipline: sale processes, valuations, payment plans, tax arrears, related-party dealings and creditor communications need to be recorded before a later liquidator, creditor or court has to reconstruct them.
Insolvency & RestructuringCompanies & StartupsTax & BAS ComplianceFinance, Payments & Security - Case8 June 2026
Current insolvency recovery and administration cases added
This batch adds official Federal Court explainers for director settlement enforcement, voidable transaction investigation windows, liquidation funding and group administration timing. The practical theme is insolvency record discipline: settlement deeds, payment records, labour hire arrangements, asset registers, employee entitlements and entity maps need to be clear before a liquidator or administrator has to reconstruct them.
Insolvency & RestructuringCompanies & StartupsContracts & CommercialEmployment & WorkplaceFinance, Payments & Security - Case8 June 2026
Current administration and security for costs cases added
This batch adds official Federal Court explainers for voluntary administration timing and security for costs in commercial litigation. The practical theme is cash-flow pressure under legal process: creditor meetings, prepaid customers, employee entitlements, possible business sales and litigation security can all become urgent commercial issues once a dispute or insolvency process starts.
Insolvency & RestructuringCompanies & StartupsEmployment & WorkplaceConsumer Law & TradingContracts & CommercialFinance, Payments & Security - Case8 June 2026
Current schemes, patent and disclosure cases added
This batch adds official Federal Court explainers for shareholder schemes, re-domiciliation, patent opposition evidence, patent validity, liquidation recovery timing and listed-company disclosure. The practical theme is evidence before the event: deal disclosure, investor forecasts, patent specifications and related-party transaction records need to be good enough before a court or regulator tests them.
Companies & StartupsFinance, Payments & SecurityContracts & CommercialIP & Brand ProtectionInsolvency & RestructuringConsumer Law & Trading - Case8 June 2026
Current brand, scheme and liquidation cases added
This batch adds official Federal Court explainers for brand ownership, composite trade marks, scheme disclosure, ASIC company records, corporate trustees, employee priority claims in liquidation and investor class-action amendments. The practical theme is evidence discipline: ownership records, transaction updates, trustee files, payroll records and financial reporting need to be good enough to survive later scrutiny.
IP & Brand ProtectionCompanies & StartupsInsolvency & RestructuringEmployment & WorkplaceFinance, Payments & Security - Case8 June 2026
Current Federal Court governance and regulated product cases added
This batch adds official Federal Court explainers for derivative actions, confidential contracts in restructuring disputes, joint venture accounting, employment settlement releases, therapeutic goods compliance and product patents. The practical theme is governance before conflict: keep the authority trail clean, verify regulated claims, document revenue and settlement records, and make IP filings match the real product.
Companies & StartupsContracts & CommercialInsolvency & RestructuringCommercial Leases & PropertyEmployment & WorkplaceConsumer Law & TradingIP & Brand Protection - Case8 June 2026
Current Federal Court contract and records cases added
This batch adds official Federal Court explainers for group-company service contracts, director loan accounts, related-party insolvency claims, restraint disputes, creative attribution and bankruptcy-notice enforcement. The practical thread for small businesses is source-backed record discipline: write who is liable, document where money goes, keep exit and credit evidence clean, and make formal enforcement steps precise.
Contracts & CommercialCompanies & StartupsInsolvency & RestructuringEmployment & WorkplaceIP & Brand ProtectionFinance, Payments & Security - Case8 June 2026
Current NSW business sale, lease and payroll cases added
This batch adds official NSW explainers for business sale finance adjustments, lease assignment consent, clinic confidentiality and restraint disputes, statutory demands, rural planning approvals, construction payment claims and payroll tax grouping. The practical theme for small businesses is documentation: write the deal clearly, keep the evidence, and handle consent, payment, tax and exit processes before they become court problems.
Contracts & CommercialCommercial Leases & PropertyEmployment & WorkplaceCompanies & StartupsConstruction & TradesPayroll & Employer Payments - Case8 June 2026
Current employment, insolvency and asset-control cases added
This batch adds selected explainers for employment discovery, supplier preference claims, trading trust insolvency, derivative company litigation, ASIC travel restraints and urgent freezing orders. The practical thread for small businesses is evidence discipline: keep the records that prove who decided what, where money went, what assets exist and how the business responded when a dispute became formal.
Employment & WorkplaceInsolvency & RestructuringCompanies & StartupsContracts & CommercialFinance, Payments & Security - Case8 June 2026
Current governance, insurance and restructuring cases added
This batch adds current official-source explainers for workplace injunctions, shareholder-deed control, secured-property enforcement, business insurance disclosure, DOCA funding and member-organisation oppression. The practical thread for small businesses is governance discipline: keep decision reasons, insurance disclosures, meeting notices, funding authority and enforcement records clear before a dispute becomes urgent court work.
Employment & WorkplaceCompanies & StartupsContracts & CommercialFinance, Payments & SecurityInsolvency & RestructuringNot-for-Profits & Charities - Case8 June 2026
Current dispute, insolvency and platform cases added
This batch adds official-source explainers for live Federal Court and Full Court decisions involving subcontract disputes, winding-up review steps, freezing orders, enterprise agreement approval challenges, voluntary administration trading, product marketing claims and regulated digital platforms. The business theme is control: keep records current, keep public claims matched to evidence, and get legal help before a dispute or regulator process becomes procedural damage control.
Contracts & CommercialCompanies & StartupsInsolvency & RestructuringEmployment & WorkplaceConsumer Law & TradingDigital & Ecommerce - Case7 June 2026
Current pricing, credit and deal cases added
This batch adds current official-source case explainers for pricing promotions, consumer credit, joint-venture documents, trade mark appeal procedure, schemes of arrangement and online dispute injunctions. For small businesses, the common thread is operational discipline: price claims need evidence, credit products need proper cost modelling, deal documents need a real chronology, IP litigation needs representation planning, acquisition schemes need clear disclosure and online disputes need controlled communications.
Consumer Law & TradingFinance, Payments & SecurityContracts & CommercialCompanies & StartupsIP & Brand ProtectionDigital & Ecommerce - Case7 June 2026
Current governance, insolvency, privacy and PPSR cases added
The selected cases section now adds ten more official-source explainers covering shareholder sale confidentiality, related-entity employment structures, company-books inspection, derivative actions, AGM communications, DOCAs, environmental obligations in administration, privacy complaint files, late PPSR registration and administrator appointment records. The batch is focused on business operators, directors, founders, lenders, investors and advisers who need the practical story behind recent judgments.
Companies & StartupsInsolvency & RestructuringPrivacy & DataFinance, Payments & SecurityContracts & Commercial - Case7 June 2026
Current governance, privacy, payroll and IP cases added
The selected cases section now adds ten more official-source explainers for credit hardship reporting, privilege waiver in regulator litigation, corporate housekeeping relief, late PPSR registrations, AFS licensee product governance, continuous disclosure, enterprise-agreement payroll calculations, payslip and recordkeeping penalties, whistleblower reprisal claims and creative-business moral rights. The batch keeps the case-law lane focused on practical business stories rather than procedural metadata.
Companies & StartupsFinance, Payments & SecurityPrivacy & DataEmployment & WorkplaceIP & Brand Protection - Case7 June 2026
Current employment, finance, IP and property cases added
The selected cases section now adds ten official-source explainers for underpayment and adverse action, receivables finance warranties, employment record requests, property adviser conflicts, investment memorandum returns, childcare premises co-ownership, franchise payroll class-action scope, crypto derivative client classification, trade mark deceptive similarity and salon commission disputes. Each page tells the court story and keeps procedural decisions separate from final merits outcomes.
Employment & WorkplaceFinance, Payments & SecurityContracts & CommercialCompanies & StartupsIP & Brand Protection - Case7 June 2026
Current company, IP and finance cases added
The selected cases section now adds six further Federal Court explainers for shareholder oppression, family company control, shareholder loans, product lookalikes, trade mark generic use and director guarantees in trade finance. These pages focus on practical business stories: what went wrong, what documents mattered, what the Court decided and what operators should tighten before a dispute starts.
Companies & StartupsIP & Brand ProtectionFinance, Payments & SecurityContracts & CommercialConsumer Law & Trading - Case7 June 2026
Current workplace, finance and disclosure cases added
The selected cases section now adds four further Federal Court explainers for workplace harassment pleading risk, family-business rescue finance and PPSR security, scheme-of-arrangement exits, and public-company disclosure controls. The pages are intentionally marked as selected explainers, not bulk case scraping: each one links to the official judgment and gives business operators a clear practical read.
Employment & WorkplaceFinance, Payments & SecurityCompanies & StartupsContracts & Commercial - New7 June 2026
Insolvency process coverage added
Businesses, directors and creditors can now browse a stronger insolvency and restructuring cluster covering company distress, PPSR priority, personal bankruptcy exposure, external administration process, trustee communications, creditor meetings, proofs of debt and practical records to collect before getting legal help.
Insolvency & RestructuringCompanies & StartupsFinance, Payments & Security - New7 June 2026
Not-for-profit governance coverage added
Businesses, founders and directors can now browse a cleaner not-for-profit governance cluster covering charity status, ACNC registration, ACNC governance standards, incorporated associations and Aboriginal and Torres Strait Islander corporations. The pages focus on structure choice, board or committee duties, reporting, public-register details, grants, partnerships and when an operator should get legal help before using charity language publicly.
Not-for-Profits & CharitiesCompanies & StartupsBusiness Registration & Operations - Case7 June 2026
Current product, governance and restructuring cases added
Business owners now have richer selected-case explainers for product safety claims, restricted-purpose funding, company reinstatement, restructuring deeds, shareholder litigation planning, director duties, construction contracts, misleading loan promises, fuel advertising and consumer guarantee claims after resale.
Consumer Law & TradingCompanies & StartupsContracts & CommercialConstruction & TradesFinance, Payments & SecurityInsolvency & Restructuring - Reviewed2021 statutory rule
Corporations (Ancillary Provisions) Regulations 2021 history added
This Victorian regulation sits in the background of the national corporations handover rather than in the daily company-compliance checklist. It is useful for source history where documents refer to Victorian ancillary provisions, administrative actions or transition mechanics. Founders and directors should still use the current Corporations Act and ASIC materials for live obligations.
Companies & Startups - Amendment15 Dec 2020
Small-business insolvency reform history added
This is directly relevant to directors of distressed small companies. The reforms introduced a small business restructuring pathway and simplified liquidation process, while also allowing more external administration documents to be handled electronically. It belongs in the Corporations Act history because it changes the choices directors and creditors may face before liquidation becomes the only practical option.
Companies & StartupsInsolvency & RestructuringFinance, Payments & Security - Amendment29 Feb 2016
Insolvency practice reform history added
This is useful background for anyone dealing with administrators, liquidators or trustees. The reform changed important parts of insolvency practitioner registration, discipline, committee, creditor and practice rules. For small businesses, the practical point is that insolvency is not just a court process. It has a regulated professional framework around who can act and how information and creditor rights are managed.
Companies & StartupsInsolvency & RestructuringFinance, Payments & Security - Reviewed2011 statutory rule
Corporations (Ancillary Provisions) Regulations 2011 history added
This is another Victorian ancillary-provisions source that should stay behind the parent Corporations Act page. It is useful if a business is checking older governance, registry or transition references, but it is not the first place to solve a current company-law problem. The current action remains checking the Corporations Act, ASIC records and the company's own documents.
Companies & StartupsBusiness Registration & Operations - Amendment6 July 2010
PPSR transition history added
This belongs in the PPSA history because it helped move Australia from fragmented charges and securities registers toward the PPSR model. Businesses that sell goods on credit, lease equipment, take security for loans or rely on retention-of-title terms need to understand that PPSR registration is part of the deal process, not an optional debt-collection step.
Finance, Payments & SecurityContracts & CommercialCompanies & Startups - Reviewed29 June 2001
Corporations (Northern Territory Request) Act 2001 history added
This Northern Territory source is part of the legal history behind the national corporations regime. It is not a separate practical guide for most small businesses. It belongs with the Corporations Act so readers can understand older state or territory references while still using the current national Act, ASIC registers and company documents for live decisions.
Companies & StartupsBusiness Registration & Operations - Reviewed2001 statutory rule
Corporations (Ancillary Provisions) Regulations 2001 history added
This older Victorian regulation is source history for the corporations transition. It is not a live compliance guide for small companies, but it can help when reading older corporate records or state-transition material. Business owners should use it as background only, then check the current Corporations Act, ASIC registers and any company documents.
Companies & StartupsBusiness Registration & Operations - Reviewed2001 Act
Corporations (Administrative Actions) Act 2001 history added
This source records part of Victoria's corporations-law transition. It is mainly useful where a historical filing, regulator step or older document refers to state administrative actions around corporations. For current company work, the practical small-business path remains ASIC records, the Corporations Act, company constitution documents and director-governance controls.
Companies & StartupsBusiness Registration & Operations - Reviewed2001 Act
Corporations (Ancillary Provisions) Act 2001 history added
This is Victorian transition machinery for the corporations regime. It belongs under the national Corporations Act page because it helps explain older references without asking a reader to treat it as a current business guide. Modern founders, directors and shareholders should still check ASIC records, current company law and transaction documents first.
Companies & StartupsBusiness Registration & Operations - Reviewed2001 Act
Corporations (Commonwealth Powers) Act 2001 history added
This is part of the formal path that supported national corporations legislation. It matters as background where older state references appear, but it should not compete with the current Corporations Act page. Small businesses should focus on live ASIC filings, director duties, shareholder arrangements, fundraising rules and current company-governance documents.
Companies & StartupsBusiness Registration & Operations - Reviewed2001 Act
Corporations Reform (Northern Territory) Act 2001 history added
This Northern Territory reform source is transition history for national corporations law. It may help explain old documents, local legislative references or timing questions, but it is not a replacement for current company-law checks. Founders and directors should continue to use the Corporations Act, ASIC materials and their own transaction or governance records.
Companies & StartupsBusiness Registration & Operations - Reviewed1 Jan 1991
Corporations (Northern Territory) Act 1990 history added
This older Northern Territory corporations source belongs in history rather than as a standalone reader page. It may matter for legacy records and pre-national-regime references, but modern business owners should treat the current Corporations Act and ASIC source materials as the live operating framework for company registration, governance and director duties.
Companies & StartupsBusiness Registration & Operations - Reviewed1990 Act
Corporations (Victoria) Act 1990 history added
This Victorian corporations source is mostly constitutional and transition history. It should sit behind the Corporations Act page because founders and directors usually need the current national Corporations Act, not a separate state corporations page. It may still matter when checking older corporate records, transitional provisions or local legislative references.
Companies & Startups
Cases
ACCC v Qteq
Cartel risk is not limited to signed price-fixing agreements. A failed attempt to divide work, limit a competitor's tender or stop another business competing can...
ACCR v Santos
Environmental and climate claims need evidence behind them, but the law also reads them in context. A long-term target is not automatically misleading because it...
Amaero re-domiciliation schemes
Re-domiciling a group or inserting a foreign holding company changes more than the logo on the cap table. It can affect investor rights, option holders, tax,...
Angelis v CP
Urgent refinancing can save a family business, but it can also leave years of dispute if the loan, security and PPSR position are not nailed down. Businesses should...
Angelis v CP PPSA information request
A PPSR dispute can become much harder to manage if the secured amount, loan records and security documents are not clear from the start. Businesses using emergency...
Annear Holdings v Farm Projects
When shareholders fund a project company with loans, do not leave repayment timing, working capital obligations and exit rights to assumptions. If the project...
Apollo Kitchens true employer directions
Related-entity payroll structures should be documented properly. If one company is named as employer but another company funds wages and receives the labour,...
ASIC v Bekier
Directors and senior officers cannot hide behind information overload. Boards and executives need systems that surface material risk, require active questions and...
ASIC v Electro Optic Systems
Listed companies and investor-facing businesses need a trigger process for forecast changes. Once management knows earlier guidance no longer has a reasonable...
ASIC v FIIG Securities
Cybersecurity is now a licence and governance issue for regulated businesses. If your business holds sensitive client data, weak access controls, untested incident...
ASIC v Macquarie Investment Management
Financial services licensees need product governance that works in practice. If a platform facilitates investments for members or clients, the licence holder cannot...
ASIC v MWL Financial Services
Financial advice businesses need controls over referral models, conflicts, client files and product recommendations. A company entering liquidation does not stop...
ASIC v Nuix
Disclosure decisions need evidence and process. Even where a regulator's case fails, the judgment shows why boards should document forecast reviews, draft...
ASIC v Saad
ASIC investigation orders can affect directors personally before any final liability finding. If travel restraints or asset-protection orders are made, directors...
Australian Fulin Agriculture derivative action
A shareholder cannot always force the company to sue just because there may be a claim. Derivative-action applications turn on good faith, serious question, costs...
Australian LinkedIn v Registrar of Trade Marks
A company usually cannot run Federal Court proceedings through a director or shareholder just because paying lawyers is inconvenient. Trade mark appeals and IP...
Australian Strategic Materials scheme
A scheme of arrangement is a controlled court-supervised path for a major acquisition, not just a shareholder vote. Companies planning an exit need a clean scheme...
Birch, in the matter of Vitrinite
When a business group collapses, creditors need more than a headline answer. Administrators must work out employee entitlements, secured creditor positions, asset...
Bolton v Keybridge Capital
Derivative actions are not a shortcut for restarting a control fight. A shareholder, former director or founder who wants to sue in the company's name needs...
Bredenkamp, in the matter of Ultima United
Company directors cannot assume being overseas puts insolvency examinations out of reach. Liquidators can seek overseas service and substituted service orders,...
Brydi v Southern Cross Payments
Investor claims can proceed even where regulators have already litigated related facts. Companies, auditors and founders should assume financial reports, audit...
Cannatrek scheme approval
Shareholder votes do not erase late disclosure issues. If a regulated risk changes during a transaction, boards should update the market, tell members clearly and...
Chan v Moore
Director loan accounts are only as useful as the records behind them. If related-party money moves across borders, through family members or between connected...
CIP Group v So
Shareholder and joint-venture litigation can turn on who is authorised to sue for the company, whether late pleading changes are fair and whether the case still...
Credit Suisse AG v Gu
Security documents and asset transfers made under financial pressure need precise drafting and real due diligence. Calling something a caveatable interest, mortgage...
Crowley v Worley disclosure appeal
Forecasts and investor updates need a reasonable basis across the business, not just board-level confidence. Listed companies and growth companies should preserve...
Dang, in the matter of JMJ Cosmetic
Once a company is in liquidation, directors lose control over company powers unless the Corporations Act or the Court allows a specific step. If a winding-up order...
Dayforce Australia corporate relief
Corporate housekeeping can become expensive even when no one acted dishonestly. If a group relies on ASIC wholly-owned company relief or deeds of cross-guarantee,...
DC Rd DC v Zhang
Property deals with advisers, accountants, related entities and back-to-back contracts need ruthless transparency. If a buyer is relying on trusted advisers, hidden...
Dexus v Australia Pacific Airports Corporation
Confidentiality clauses in shareholder and investor agreements need to match the way a sale process actually runs. If a shareholder gives company information to...
Emergency Flood Response v Flood Emergency Services
Joint ventures need accounting rules before money starts moving. If a breakup happens, invoices, Xero records, receipts, controlled-money arrangements and any court...
Forever Winner v Shenzhen Xinhe
Freezing orders can reach beyond the main defendant where related companies or asset transfers create a real risk that a judgment will go unpaid. Business groups...
Frigger v Professional Services of Australia
Company registration records have real legal force. If ASIC has registered a company and issued the certificate, a later complaint about historical formation...
Fung, in the matter of VeroGuard Systems
Rescue funding during a DOCA needs clean authority and clear risk allocation. Administrators, directors and funders should document why funding is needed, who...
Garan Holdings v Stonepoint Capital Management
A polished information memorandum and trusted adviser relationship will not protect an investment structure if the real flow of money is different from what...
Great Northern and Ironbark statutory demands
A statutory demand is not a normal invoice reminder. If there is a real dispute about whether the debt is due, the amount owed or the timing of repayment, directors...
Hurburgh v Hurburgh
Family companies need governance even when everyone inherited the shares. If one shareholder controls the board, company assets and related farming or trading...
K.N.D Associates liquidation extension
If a company collapses after related-party transactions, liquidators can seek extra time to investigate and bring recovery claims. Directors and related entities...
Kanevsky, in the matter of MA Services Property Group
Trading through a trust can become complicated fast when the corporate trustee enters administration. Directors, creditors and administrators need to know whether...
Lake House v Timor Resources Holdings
A shareholders' deed can matter in a real fight, not just at signing. If the deed gives a special process for independent directors or reserved matters,...
Li v Clear Environmental
Letting a company fall off the ASIC register can make later business disputes much harder to fix. Reinstatement is not automatic, especially where the company's...
Lindsay v Qld Childcare Centres
If a business operates from land owned personally by shareholders or related parties, do not rely on everyone continuing to get along. Put tenure, sale rights,...
Loewenthal v Universal Music Publishing
Members and shareholders do not get open-ended access to company books just because a dispute exists. Inspection requests need a proper purpose, a tight document...
Lumina BPO v Cocoon Data
Group service contracts should identify every company that is actually on the hook for fees. If one company is only the payroll or administration vehicle, suppliers...
Olsen, in the matter of Babyskin Laser & Cosmetic Clinic
Voluntary administration is not just a pause button. For a small company, the second creditors' meeting can decide whether the business is sold, rescued through a...
Our Jim & Felicja Superfund v Lindenfels
Shareholder oppression claims are not a shortcut around a hard bargain. If a shareholder agreement, agency agreement or offtake agreement gives someone a commercial...
Qoria scheme of arrangement
Schemes of arrangement depend on disclosure, ASIC process and shareholder meeting mechanics. If a company is pursuing a merger or acquisition by scheme, the booklet...
Ramoo v Grow Trade Finance
Director guarantees and trade finance variations need careful signing mechanics. If a director signs both for the company and personally, later increases to a...
Reiche v Neometals
Whistleblower complaints should be handled with a clean, documented reason trail. Even when a company ultimately defeats a claim, termination or redundancy after...
Rix Electrical Contracting v Aitchison
Liquidation claims against directors can turn into settlement enforcement very quickly. If a director settles claims for insolvent trading, director-related...
Rock Solid Mining Services administration appointment
If a company appoints an administrator, the board resolution and insolvency opinion need to be properly recorded. A messy appointment can create avoidable...
Rosemont Capital Investments v Weinberg
If money is advanced for a specific purpose, the documents and emails need to match the way the money is actually used. A director or founder who redirects...
Scorpion and the Frog liquidation
If a company acts as trustee, liquidation can become messy fast. Trust deeds, appointment powers, asset records and family or beneficiary disputes should be clear...
Slater v Ecosol
Shareholder oppression proceedings are not a second run at a company dispute that has already been fought somewhere else. If a business sale or board dispute is...
SMBC Leasing and Finance v Flexirent Capital
When finance documents say receivables, assets or customer contracts exist, those warranties are not decorative. If the underlying transaction is fake, the business...
Southernwood v Brambles
Investor updates and forecasts need to match the internal evidence. For listed companies and scale-ups preparing for public markets, management accounts, board...
Sozou, in the matter of Comm TC
Poor company records and unexplained related-party payments do not disappear when a company goes into liquidation. They can give liquidators more reason to seek...
The Property Mentors Australia v Touch for Health
Investment documents should never promise timing or returns unless the numbers have a defensible basis in the actual trust deed, project documents and commercial...
Top Energy Holdings v Liu
Joint ventures, sale documents and shareholder funding records need a clean paper trail. If a document is created or relied on after the relationship breaks down,...
Toro Energy scheme meeting
A scheme of arrangement is not just deal paperwork. It is a disclosure, timetable and governance process. Founders and boards planning an exit should treat bidder...
True EV Distribution v Shenzhen Xiaopeng Motors
A commercial claim can be commercially real but still stall if the plaintiff cannot provide security for the other side's costs. Before starting major litigation,...
Ugle v South West Aboriginal Medical Service
Company governance orders can affect what directors say to members before a meeting. If the company is in litigation, AGM communications, proxy procedures and...
Ugle v South West Aboriginal Medical Service
Member organisations and charities can face oppression orders when governance is used to entrench control or exclude dissent. Procedural fairness, valid expulsions,...
White, in the matter of Profounder Turfmaster
A liquidation can need external funding before creditors see any recovery. Where a liquidator wants to enter a funding agreement or legal retainer that will run for...
Winya v Chief Commissioner of State Revenue
Payroll tax grouping is fact-heavy. Shared investors, directors, services or business links can attract attention, but businesses may still need to show who really...
Yang v Wong
Money routed through related companies may be commercially suspect, but the legal claim still has to fit the statute. Liquidators, assignees and creditors need to...
Yeo v J & K Cheung Investments
Selling business assets to a related party right before liquidation is high-risk, especially where tax debts, unpaid creditors and undervalue allegations are...
Yura Yarta Services v Jones
Restraint and confidentiality cases are won or lost on precision. A business seeking urgent orders should identify the exact contract, the exact confidential...
ASIC v Healey
Directors need enough financial literacy and attention to company accounts to spot obvious problems. Signing reports or approvals without understanding them is not...