Meagan O'Connor

ACCC Enforcement and Compliance Priorities for 2024-25: What this means for franchises

ACCC Enforcement and Compliance Priorities for 2024-25: What this means for franchises

The ACCC has announced its enforcement and compliance priorities for 2024-2025. This article explores what this may mean for franchises.

Sladen Snippet - Company Director Identification Numbers are Here

Sladen Snippet - Company Director Identification Numbers are Here

The time to apply for a director identification number (Director ID) is almost upon us. Under the 2020 Budget Digital Business plan, the Federal Government announced the establishment of the new Australian Business Registry Services (ABRS).

Employee Share Schemes – another report champions essential reform!

Employee Share Schemes – another report champions essential reform!

The legislative and regulatory complexity of Employee Share Schemes has once again inspired recommended reforms, this time by the House of Representatives Standing Committee on Tax and Revenue, in a recent report.

Business restructuring and share buy-backs

Business restructuring and share buy-backs

When a shareholder in a company wishes to leave, and the remaining shareholders are happy for this to occur, basically there are two ways the separation can occur:

·       The remaining shareholders can purchase the shares from the departing shareholder; or

·       The company can buy back its shares.

Sladen Snippet - Illegal Phoenix Activity – Modernising Business Registers and the new Phoenix Hotline

Sladen Snippet - Illegal Phoenix Activity – Modernising Business Registers and the new Phoenix Hotline

On 9 May 2018 we reported to you new initiatives regarding proposed laws targeting illegal phoenix activity (https://sladen.com.au/news/2018/5/9/sladen-snippet-proposed-laws-targeting-illegal-phoenix-activity) announced by the Federal Government in the 2018/2019 Budget.  Consistent with the proposed measures announced under the budget, the Federal Government has now:

Sladen Snippet - Consumer protection laws set to be strengthened

Sladen Snippet - Consumer protection laws set to be strengthened

The Federal Government has released draft versions of legislation and regulations to strengthen consumer protection laws.  The changes would give effect to proposals contained in the 2017 Australian Consumer Law (ACL) Review Final Report agreed to by Commonwealth, State and Territory Consumer Affairs Ministers last year.  The public has until the end of February to submit views on the draft changes. 

Unfair contract terms – is your business compliant?

Unfair contract terms – is your business compliant?

In the space of a fortnight, the Australian Competition and Consumer Commission (ACCC) has commenced two sets of proceedings in the Federal Court against large Australian businesses, claiming breaches of the unfair contract provisions applicable to standard form small business contracts contained in the Australian Consumer Law.

Private companies to benefit from extension of crowd-sourced equity funding legislation

Private companies to benefit from extension of crowd-sourced equity funding legislation

The Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill 2017 was introduced into Parliament on 14 September 2017.  If passed, as is expected, the Bill will extend the reach of the Crowd-sourced Equity Funding (CSEF) legislation that will at this stage apply only to public companies from 29 September 2017.

Proposed laws targeting illegal phoenix activity

Proposed laws targeting illegal phoenix activity

The Federal Government has this week announced a number of proposed reforms aimed at those individuals, entities and advisors who undertake or facilitate illegal phoenix activity.

Sladen Snippet - Enforceability of vendor restraint clauses – How wide is too wide?

Sladen Snippet - Enforceability of vendor restraint clauses – How wide is too wide?

The enforceability of vendor restraint clauses contained in sale of business agreements is currently under review in the Supreme Court of Victoria in the case of Southern Cross Computer Systems P/L (ACN 005 770 598) and Ingenio Group P/L (ACN 610 396 748) v Palmer, Christopher Anthony; Faithfull, Jamie and Jakimoski, Zoran [2017] VSC 412.

More good news for start-ups and entrepreneurs

More good news for start-ups and entrepreneurs

On 6 May 2015, the Honourable Joe Hockey with the Honourable Bruce Billson disseminated a media release on Supporting start-ups and entrepreneurship

The media release announces new measures which will apply to small business and start-ups proposed to take effect from 1 July 2016.  These new measures will provide much needed relief for small business and start-ups and are another step towards ensuring that Australia provides the right environment for small business, start-ups and entrepreneurs.

Sladen Snippet - Charities: the importance of complying with regulatory obligations

Sladen Snippet - Charities: the importance of complying with regulatory obligations

Charities have a number of ongoing reporting obligations, including the requirement to submit an Annual Information Statement (AIS) and annual financial report to the Australian Charities and Not-for-profits Commission (ACNC).

The reporting requirements depend on the size of the charity:

  • A small charity (which has annual revenue of less than $250,000) must submit an AIS and can choose to submit a financial report.
  • A medium charity (which has annual revenue of $250,000 or more, but less than $1 million) must submit an AIS and a financial report that is either reviewed or audited.
  • A large charity (which has annual revenue of $1 million or more) must submit an AIS and an audited financial report.

Avoiding work party pitfalls

Avoiding work party pitfalls

The end of 2014 is fast approaching and as we don our dancing shoes and toast to the successes of the year that was, employers need to remain mindful of the legal and HR risks that work parties can pose.

Whilst the end-of-year work party is a great way to reward staff and promote team bonding, the combination of alcohol and festive cheer can be a recipe for disaster. There are some precautions that employers can take to minimise the risk of a post-party ‘HR hangover’.

An updated Franchising Code of Conduct

An updated Franchising Code of Conduct

The Franchising Code of Conduct will be repealed and replaced with a new Code (Code) on 1 January 2015. The Code applies to all franchise agreements that are entered into, renewed or transferred after 1 January 2015 and will affect all businesses that are franchised.

Sladen Snippet - ASIC’s expectations for directors

Sladen Snippet - ASIC’s expectations for directors

In a recent speech to the Australian Institute of Directors, Australian Securities and Investments Commission (ASIC) chairman Greg Medcraft outlined ASIC’s expectations for directors. Previous speeches focused on the director’s role as a gatekeeper, and Mr Medcraft has said this will continue to be a focus for ASIC.

The chairman stated that directors should ensure their company has strong internal and audit compliance functions. He stated these functions are worthless unless the directors back it up with supervision and review, and that these processes are ingrained in the company’s culture. He considered culture a very important point and stressed directors should drive the right compliance culture in the workplace.