What To Do When a Shell Company Sues You
In the recent case of Aquatic Air Pty Ltd v Siewert [2016] NSWCA 130 the court considered several reasons as to whether security for costs should be granted in a situation where a plaintiff may not have the funds to pay costs to the defendant. A common tactic by shell companies is to launch litigation […]
What is a Charity Tick?
The Australia Charities and Not-for-profits Commission (ACNC) has a logo which gives charities a ‘Tick of Charity Registration’ to show the public that charities are registered with the ACNC. The Tick was developed in 2016, coinciding with the release of the 2015 Australian Charities report with figures showing that thousands of Australian charities had been […]
Is Limited Liability An ‘Ingenious Device’?
What Does ‘Limited Liability’ Mean? Limited liability (LL) presupposes that the debts of the company are separate from the debts of its investors and has been dubbed an ‘ingenious device’ by legal experts. This is because the company is a distinct legal personality, separate from its shareholders. The Ingenuity of Limited Liability The most compelling arguments for […]
Fundraising for Charities
Are You A Charity or A Not-for-Profit? Here are important issues to consider when fundraising. Fundraising is an important source of income for many charities and not-for-profits, but fundraising laws can be difficult to navigate, and it is important to have legal expert assistance to properly navigate them. How Can Charities Raise Funds? An important […]
Crowdfunding for Charities
Billions of dollars are raised in crowdfunding campaigns around the world, but fundraising platforms can throw up complex legal issues ranging from tax to consumer and criminal law. What is Crowdfunding? Crowdfunding allows anyone to raise money for anything, anytime, anywhere. Crowdfunding has grown rapidly in recent years as a popular method of online fundraising […]
ACNC Governance Standards: Is Your Organisation Working Towards its ‘Charitable Purpose’?
A charity must meet the ACNC’s governance s Standards to be registered and remain registered with the ACNC. The standards for charities are set out in the Australian Charities and Not-for-profits Commission Regulation 2013 (Cth). Standard 1: Purposes and Not-for-Profit Nature A charity must: be not-for-profit, operate for public benefit work towards it charitable purpose. […]
Construction Progress Payments – High Court Upholds Adjudicator’s Determination
The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act). The SOP Act, which has parallel legislation in all […]
Building and Construction Industry Security of Payment Act 2002 (VIC)
The Building and Construction Industry Security of Payment Act (BACISOPA) was first introduced in New South Wales in March 1999 and has since been adopted by the other states and territories of Australia, most recently South Australia in December 2011. The purpose of this legislation is to ensure that progress payments (which are required to […]
Amendments to the Owners Corporation Act 2006
Introduction The Owners Corporations and Other Acts Amendment Act 2021 (Vic) (Amendment Act) has been enacted. These changes will come into force on 1 December 2021. This article seeks to summarise some of the key amendments made to the Owners Corporations Act 2006 (the Act). The Five Tiers of Owners Corporations The Act previously did not differentiate […]
Bondi Born Interview
We had the privilege of speaking to one of Australia’s trail blazers in the sustainable business space: Dale McCarthy, Founder of Bondi Born, Australia’s first luxury swimwear brand. Bondi Born is BCorp certified and Dale has built the business from the ground up, achieving incredible success both overseas and here in Australia. Upon founding Bondi […]