27 September 2017
Rugby Fractures
Western Australian Rugby Union v Australian Rugby Union Ltd [2017] NSWSC 1174 Such is the level of fracture amongst various members of the Australian rugby fraternity, even Hammerschlag J opined in dismissing the appeal by Western Australian Rugby Union against the decision of an independent arbitrator to uphold their axing by the Australian Rugby Union …
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Ipso facto clauses now a problem
In addition to introducing “safe habour” legislation, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) places restrictions on ipso facto clauses. Ipso facto clauses are clauses that allow for termination due to insolvency. The Act limits the ability to enforce these clauses during periods of voluntary administration, receivership or schemes of …
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The New ‘Safe Harbour’ Legislation
On Tuesday 12 September, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), colloquially known as the ‘Safe Harbour Legislation’. The Act introduces protection for company directors from personal civil liability for insolvent trading under s 588G(2) of the Corporations Act 2001 (Cth). The Act was given …
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