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NEWSLETTER
CORPORATE & COMMERCIAL LAW
NOVEMBER 2007 |
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TRAPS WITH TRUSTS
MICHAEL GORTON AM, Principal
The use of trusts
in business and family structures is an
acceptable and important part of arrangements
for asset protection, income protection, estate
planning and tax planning.
Trusts have
different tax treatment from some other
structures, and it is important to ensure that
those utilising trust structures are aware of
income tax, capital gains tax and other
implications.
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Defective Product Disclosure Statements:
Personal Liability for Directors, Lifeline for
investors
ADAM
COLABUFALO, Solicitor
The recent failure
of some Australian Managed Investment Funds as a
result of the USA sub-prime mortgage defaults,
has highlighted the importance of financial
product providers keeping their Product
Disclosure Statements up to date and the need to
move quickly to disclose new developments.
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LEARNING TO FLY?
ENFORCING SALE OF GOODS CONTRACTS MADE ONLINE
CRAIG SUBOCZ,
Solicitor
On 3 August 2007, the Supreme Court of New South
Wales granted specific performance of a contract
made through the facilities of eBay. This
article summarises the key points from Smythe
v Thomas.
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Amendments to section
46 OF THE Trade Practices Act:
PROTECTING SMALL BUSINESS OR ELECTIONEERING?
PAUL
GLEESON, Principal
The Trade
Practices Legislation Amendment Bill (No.1)
2007 was passed by the Senate on 18 September
2007 with the so-called “Birdsville amendments”
as proposed by Senator Barnaby Joyce. These
amendments give greater direction as to
predatory pricing. What impact will the changes
have on big and small business alike?
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POWERS OF ATTORNEY -
CURRENT ISSUES
ADRIAN GREEN, Senior
Associate
Individuals have
been able to execute Enduring Powers of Attorney
(Financial) in Victoria for many years, but
recent amendments to the Instruments Act
are often overlooked.
In this article
we provide a reminder of the “new form” Enduring
Powers of Attorney (Financial), and highlight
some issues relating to powers of attorney and
companies.
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COURT DECISIONS – RECENT GUIDANCE ON
MISREPRESENTATION AND INSIDER TRADING
ANDREW CASPAR,
Special Counsel
Two court
decisions handed down this year have important
implications for investors and investment
professionals who buy and sell shares in
publicly listed companies.
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Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as
general commentary and should not be regarded as legal
advice. Should you require specific advice on any of the
topics or areas discussed, please contact the author
directly.
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