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Oppressive conduct claims in the Supreme Court of Victoria

Apr 29, 2025 at 6:37 amApr 27, 2025 at 5:53 pm AWST by Ed.

From www.holdingredlich.com: The Supreme Court of Victoria facilitates claims of oppressive conduct under Section 233 of the Corporations Act 2001, providing a cost-effective process for resolution.… read more

Categories Business Law

Financial services provider penalised $11 million

Apr 25, 2025 at 8:51 amApr 24, 2025 at 7:38 pm AWST by Ed.

From asic.gov.au: DOD Bookkeeping Pty Ltd, formerly known as Equiti Financial Services Pty Ltd, has been penalized $11,030,000 by the Federal Court for breaching conflicted remuneration rules and providing inadequate “cookie cutter” advice to clients regarding self-managed super funds.… read more

Categories ASIC   Business Law   Professional Practice   Superannuation

Navigating the Evolving Whistleblower Landscape

Apr 25, 2025 at 7:09 amApr 24, 2025 at 7:06 pm AWST by Ed.

From www.aicd.com.au: Recent Federal Court decisions clarify whistleblower protections under the Corporations Act, emphasising the need for disclosures to meet specific eligibility criteria to qualify for protection.… read more

Categories Business Law

The disclosure gap: accuracy and fairness in due diligence

Apr 25, 2025 at 7:18 amApr 24, 2025 at 7:02 pm AWST by Ed.

From www.claytonutz.com: The Federal Court ruled in Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd that sellers must actively disclose material information during the due diligence process, rather than relying solely on data rooms filled with documents.… read more

Categories Business Law

Block Earner triumphs in ASIC appeal

Apr 24, 2025 at 6:02 amApr 23, 2025 at 5:59 pm AWST by Ed.

From piperalderman.com.au: The Full Federal Court in Australia overturned a prior ruling, determining that Block Earner’s fixed-yield ‘Earner’ product does not qualify as a “financial product” under the Corporations Act, and thus does not require an Australian Financial Services Licence.… read more

Categories ASIC   Business Law   Cryptocurrency

Block Earner did not breach financial services laws

Apr 24, 2025 at 6:02 amApr 23, 2025 at 5:46 pm AWST by Ed.

From hallandwilcox.com.au: On April 22, 2025, the Full Federal Court ruled that Web3 Ventures Pty Ltd (Block Earner) did not breach financial services laws, overturning earlier decisions and clarifying that fixed interest crypto lending products may not automatically be classified as financial products.… read more

Categories ASIC   Business Law   Cryptocurrency

Full Federal Court finds Block Earner did not engage in unlicensed conduct

Apr 23, 2025 at 8:20 amApr 22, 2025 at 8:09 pm AWST by Ed.

From asic.gov.au: The Full Federal Court ruled that Block Earner did not require a financial services license to offer its digital asset-related Earner product, overturning a previous decision that classified the product as a financial product.… read more

Categories ASIC   Business Law   Cryptocurrency

Mandatory Food and Grocery Code of Conduct

Apr 23, 2025 at 7:47 amApr 22, 2025 at 7:37 pm AWST by Ed.

From www.claytonutz.com: Large grocery businesses in Australia with revenues exceeding $5 billion must comply with a new mandatory Food and Grocery Code of Conduct that came into effect on April 1, 2025.… read more

Categories Big Business   Business Law   SME & Family Business

How property transactions are impacted by merger regime

Apr 23, 2025 at 7:51 amApr 22, 2025 at 7:36 pm AWST by Ed.

From www.claytonutz.com: Starting January 1, 2026, certain high-value acquisitions of Australian real estate must be notified to the ACCC and cleared before completion, alongside existing foreign investment regulations.… read more

Categories Business Law   Foreign Investment   Property

Lessons from Medibank on professional privilege

Apr 23, 2025 at 7:49 amApr 22, 2025 at 7:36 pm AWST by Ed.

From www.claytonutz.com: Justice Rofe’s decision in McClure v Medibank Private Limited ruled that Medibank could not claim legal professional privilege over Deloitte Reports related to a 2022 ransomware attack because their primary purposes were operational and public relations rather than legal advice.… read more

Categories Business Law   Professional Practice

Federal Court Backs Crypto Lender Over ASIC

Apr 23, 2025 at 7:56 amApr 22, 2025 at 7:35 pm AWST by Ed.

From decrypt.co: The Full Federal Court of Australia ruled in favor of crypto lender Block Earner, determining that its lending product was a fixed-term loan rather than a regulated financial product requiring licensing.… read more

Categories ASIC   Business Law   Cryptocurrency

High Court Lessons about proprietary estoppel

Apr 26, 2025 at 6:32 amApr 22, 2025 at 6:24 pm AWST by Ed.

From mccabes.com.au: The High Court’s decision in Kramer v Stone clarified the principles of proprietary estoppel.

A clear promise and reasonable reliance by the promisee are essential for establishing an estoppel by encouragement.… read more

Categories Business Law   SME & Family Business

Are you breaching the anti-hawking provisions?

Apr 18, 2025 at 7:11 amApr 17, 2025 at 7:09 pm AWST by Ed.

From sophiegrace.com.au: AFS licensees must avoid offering financial or credit products during unsolicited contact, as it is a strict liability criminal offense under the Corporations Act.… read more

Categories Business Law   Marketing

TGIF 17 April 2025 – No fiduciary obligation to a former trustee

Apr 19, 2025 at 8:31 amApr 17, 2025 at 8:28 am AWST by Ed.

From corrs.com.au: The High Court of Australia ruled that a successor trustee does not owe a fiduciary obligation to a former trustee for indemnity preservation, impacting recovery actions for former trustees and trust creditors.… read more

Categories Business Law   SME & Family Business

Developments in discrimination laws

Apr 17, 2025 at 7:03 amApr 16, 2025 at 6:32 pm AWST by Ed.

From jws.com.au: The Workplace Gender Equality Amendment (Setting Gender Equality Targets) Act 2024 requires employers with 500 or more employees to establish and report on three gender equality targets within 12 months, achieving or improving on them within three years.… read more

Categories Big Business   Business Law   Employment Issues
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