Please note that this office will be closed from 5.00pm 21 December 2022 and will reopen at 8.30am 11 January 2023. We extend to you our best wishes for the festive season.
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We previously addressed issues surrounding shareholder break-ups from the perspective of those shareholders remaining with a company. On the flip side, while the same issues are often faced by outgoing shareholders, they arise in a different context.
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At their heart, companies involve people – in the capacities of officers and shareholders. And where people are involved, personalities and expectations of those people often clash leading to disputes.
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The Australia Taxation Office (ATO) has the power to demand the production of information and documents in your custody or control. However, this power does not override a claim for legal professional privilege (LPP).
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The ATO has recently taken steps to increase enforcement action against company directors for tax debts after a period of leniency during the COVID-19 pandemic.
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You will no doubt be aware that significant changes were implemented in 2020 to statutory demand and bankruptcy notice procedures to accommodate the impact of COVID-19 on struggling companies and individuals.
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The Court found that Mr McCarthy did not become aware of the contents of the document merely by being referred to a link to a Dropbox file. It was not enough that Mr McCarthy's solicitors saw the submissions when Mr McCarthy forwarded the email.
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It has been 3 years since our landmark successful defence on behalf of CSR Building Products Ltd of an unfair preference action by liquidators of a company that traded with CSR.
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Liquidators are more frequently taking advantage of so-called ‘mothership proceedings’ to pursue unfair preference claims against multiple defendants in respect of the same corporate liquidation.
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