Litigation & Dispute Resolution
Shareholders and Directors’ Disputes – A way forward

Shareholders and Directors’ Disputes – A way forward

Disputes between shareholders and directors are common place and can take shapes of varying degrees and scope.  They often involve disagreements with respect to control over the direction, management or operation of a business, access to the company's books and...

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What is an unfair preference claim and how do I respond

What is an unfair preference claim and how do I respond

An unfair preference claim often arises in situations where a director of company, anticipating the company's liquidation, prefers some creditors over others by prioritising the payment of their debts. When the company is eventually wound up, there are then fewer...

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Release clauses in disputes settlement

Release clauses in disputes settlement

Broad and all-encompassing release clauses generally found in agreements in settlement of a dispute may be limited in its application depending on the circumstances and knowledge of the parties at the time the release came into existence. Key Takeaways When deeds of...

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Disputing beer brands and the Australian Consumer Law

Disputing beer brands and the Australian Consumer Law

Previously we discussed reputation in a trade mark and the law of trade mark infringement under the Trade Marks Act. Next, we consider reputation and its treatment under the Australian Consumer Law and the case between rival brewing companies Brick Lane Brewing Co Pty...

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Director disqualified for breach of SMSF rules

Director disqualified for breach of SMSF rules

A recent decision by the Administrative Appeals Tribunal (AAT) has upheld the disqualification of a director of a corporate trustee of a self-managed super fund (SMSF) for several contraventions of the Superannuation Industry (Supervision) Act 1993 (SIS Act). Key...

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Is a personal guarantee always binding?

Is a personal guarantee always binding?

In the current environment with rising inflation and interest rates, there is more pressure on business owners and individuals to ensure financial obligations are met. This is particularly so when these obligations have been guaranteed by business owners, directors,...

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Out of Time

Out of Time

How, and when, documents should properly served under the terms of a contract is a common, but important issue. While proper service may appear straightforward, getting it wrong can detrimentally affect the exercise of contractual rights under a particular contract....

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Sole Director? Be aware of your duties

Sole Director? Be aware of your duties

Key takeaways The sole director of a company was found to have breached his duties as a director by causing the company, which was in difficult financial circumstances, to make unsecured loans to another company associated with the director. It is important for...

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Chris Kintis named as Finalist for Mentor of the Year 2022

Chris Kintis named as Finalist for Mentor of the Year 2022

We are delighted to announce that ClarkeKann Lawyers Partner Chris Kintis has been named as Finalist for Mentor of the Year 2022 in the Australian Law Awards.  As a firm we're all about supporting our people and it's great to have Chris' commitment to the team...

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