Director Penalty Notices
There are a number of ways a company director can become personally liable for the debts of his or her company. The most common way is when a director gives a personal guarantee to a creditor. When a company is placed into liquidation, a director can become liable to the liquidator for debts incurred whilst […]
Employment Restraints – Court supports employer relying on fixed term contract and liquidated damages clause
A series of cases in the NSW Supreme Court has cast more light on the willingness of courts to enforce restraints in employment contracts. In the Tulletts case, a senior executive on a fixed term 2 year contract resigned to work for a competitor. His employer asked the Supreme Court for an injunction stopping him from […]
Hybrid Dispute Resolution – Getting the best of both worlds
Courts are streamlining their processes around the world. 'Just, cheap and quick' is the objective. One option being entertained is the use of a hybrid process in appropriate cases. The practice of combining mediation and arbitration with the same person has been traced back to ancient Greece and Egypt. 'Med-arb' as it is known, ensures […]
WORKPLACE HARASSMENT AND BULLYING
YOU MUST PROTECT YOUR STAFF Employers have a positive duty to prevent harassment and bullying, and breach of the duty can result in damages claims against employers. The duty arises from: Implied terms in the contract, from employer policies, or implied by law A duty of care owed in tort law Obligations under OH&S laws […]
Positive Outcomes – Considering mental illness of offenders
By section 32 of the Mental Health Act, someone with a developmental disability, mental illness or mental condition can be diverted from the criminal justice system and given rehabilitative treatment ordered by the courts. According to Australian of the Year Professor Patrick McGorry, four million Australians have mental health problems and 65 per cent of […]
Trust deeds – Stamp duty costs if the deed is lost
The cost of registering an original trust deed generally pales into insignificance compared to the cost associated with a lost one. One couple who had decided to change the business structure of their investment properties couldn't find a copy of the trust deed. As the trust was created a number of years ago, they were […]
Resisting A Liquidator's Claims – How to hang on to payments made to you
What happens if a company which cannot pay its debts goes into liquidation, and the liquidator sends you a letter alleging that the company has been trading while insolvent and demanding that you return all the payments made to you over the past months? When an insolvent company is wound up, a liquidator is appointed […]