Aaron McDonald
Business News
Australia
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Past articles by Aaron:
Major “root and branch” overhaul of Australia’s corporate insolvency regime announced
The first major review of Australia’s corporate insolvency regime in more than 30 years, the Federal Government’s Parliamentary Joint Committee on Corporations and Financial Services (‘Committee’) has → Read More
High Court rules Google search result is not a ‘publication’ for purposes of defamation
IntroductionThe High Court of Australia recently held in Google LLC v Defteros that Google is not a publisher of defamatory content when providing hyperlinks to searchers. → Read More
The (illusory) benefits of pursuing a defamation claim: the game is rarely worth the candle
Geoffrey Rush. Rebel Wilson. Ben Roberts-Smith. Clive Palmer. Craig McLachlan. What do they all have in common? → Read More
Strategies for Maximising Success in Dispute Resolution
Sometimes, legal disputes are hard to avoid. If your fight for what's right drags on and on, you could incur substantial legal fees. That said, litigation is often unavoidable. → Read More
Changes to Virtual AGMs
Shareholders’ Pushback Against Virtual AGMsThe Federal Government has proposed a new law to allow publicly listed companies to virtually hold their Annual General Meetings (AGMs). → Read More
The High Court of Australia overrules casual employment decision
The High Court of Australia unanimously allowed an appeal of the Rossato decision in which the Full Court of the Federal Court had made a landmark decision about the nature of casual employment. → Read More
The importance of a shareholders agreement
It is always exciting starting a new business. It is usually commenced with the best intentions with the parties trying to keep the start-up costs to a minimum. → Read More
Strategies for Maximising Success in Dispute Resolution: Offers of Settlement
An offer to settle a legal dispute can be made at any time, including before or after a legal proceeding has been commenced. Offers to settle serve two main functions: 1. → Read More
Strategies for maximising success in dispute resolution: discovery
Discovery is the exchange of all documents in a party’s possession, custody or power which are relevant to the issues in dispute in a legal proceeding. → Read More
Messy Australia Post exit a lesson in handling senior employees
Former Australia Post CEO Christine Holgate is considering legal action against her former employer, over her departure from the publicly-owned organisation. → Read More
Strategies for maximising success in dispute resolution: early mediation
Less than 2% of the disputes referred to the Supreme Court of Western Australia make it to trial. The remaining 98% are either settled or discontinued. → Read More
Shareholder Directions to Obtain Financial Reports
The Corporations Act 2001 (Cth) (‘Act’) affords shareholders of small proprietary companies the right to direct the company to provide financial and director’s reports. → Read More
Strategies for success in dispute resolution: Security for costs
A common concern that that can arise at any stage before or during a legal proceeding is what happens if the other party doesn’t have enough money to pay your legal costs? → Read More
Tips to consider before going to Court
Often when a dispute arises, deciding to sue the other party is a knee-jerk reaction. → Read More
Parliament passes Omnibus Bill
Key TakeawaysThe Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 has been passed by Parliament, albeit in a significantly compromised form that what was originally pr → Read More
End of the line for COVID response legislation for property owners and tenants
On Sunday 28 March 2021, the Moratorium on Evictions and Prohibited Actions under the Commercial Tenancy (Covid-19 Response) Act 2021 (WA) (COVID Response Act) will be coming to an end. → Read More
New laws introduced to target illegal phoenix activity
The Australian Government has introduced new laws targeting illegal phoenix activity (Phoenixing).From 18 February 2021, company directors will be inhibited from backdating their resignation date by m → Read More
Statutory demands back in vogue in 2021
In 2021, businesses must move quickly to recover debts, particularly at this time of year when the sum of debtors may be larger than they can manage for the purposes of their cashflow. → Read More
Can Employers Implement Mandatory COVID-19 Vaccines in the Workplace?
On 7 January, Prime Minister Scott Morrison announced Australia’s COVID-19 Vaccine National Rollout Strategy. → Read More
Indemnity Costs Mark the Court’s Disapproval for Persisting with a Hopeless Case
Where an application is brought under section 447A of the Corporations Act 2001 (Cth) (Act) for the removal of administrators appointed pursuant to section 436C of the Act, indemnity costs may be awar → Read More