Restraints of trade – Enforcing Restraints of Trade
The remedy commonly sought by employers faced with an employee’s breach of a restraint clause is an injunction, which is a court order prohibiting the employee from acting in a way, or from continuing to [...]
When not to use a testamentary trust
Testamentary trusts can be appropriate in a range of situations. However, there are instances where a testamentary trust may not be appropriate for someone’s estate plan. We have identified several circumstances which may be applicable [...]
Restraints of Trade – Drafting Restraints of Trade
The validity of a restraint of trade is that which is reasonably necessary to protect the legitimate interests of the person seeking to enforce it. The approach of the courts for determining the issue of [...]
Amendments to the Body Corporate and Community Management Act 1997 (BCCMA)
New Laws Several amendments have been made to the Body Corporate and Community Management Act 1997 (BCCMA), by implementation of the Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020, to assist bodies corporate dealing [...]
COVID-19 and Annual General Meeting (AGMs)
Depending on how the impacts of COVID-19 unfold, ASIC is providing relief in relation to AGM obligations under the Corporations Act 200 (“the Act”) in a number of ways: providing temporary relief to corporate entities [...]
Changes to the Corporations Act’s Safe Harbour Regime in the wake of Covid-19
In response to the evolving COVID-19 pandemic, the Government introduced and passed temporary legislation to provide companies with some form of financial and regulatory relief whilst the crisis continues. This came into effect on 24 [...]
