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Senior Management liability for the conduct of a company business: Lessons from Productivity Partners Pty Ltd v ACCC

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Senior Management liability for the conduct of a company business: Lessons from Productivity Partners Pty Ltd v ACCC

The High Court deemed a tertiary college’s enrolment processes to be unconscionable for creating a risk of unsuitable student enrolment and found that  senior management may be held liable as accessories for the actions of the business if they were aware of the primary matters which made the conduct unreasonable. 

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Is your settlement payment unsettling you?

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Is your settlement payment unsettling you?

The income tax treatment of settlement payments received under an agreement depends on the circumstances surrounding the entering into of the agreement, not just the terms of the agreement.

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The Importance of Clear and Formal Documentation by Companies: Lessons from Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd

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The Importance of Clear and Formal Documentation by Companies: Lessons from Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd

A company director’s request to redeem money from a unit trust has been rejected by the Court. The New South Wales Supreme Court ruling emphasises the need for clear documentation of intended transactions within a company structure.

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‘Subject to’: why these words can be a trap when contracting if you are not clear about what you intend.

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‘Subject to’: why these words can be a trap when contracting if you are not clear about what you intend.

The specific wording of a contract is crucial to its interpretation and may be beneficial or a trap to parties. Many parties fail to understand the implications that the well-known phrase ‘subject to contract’ will have on their agreements. Masters v Cameron (1954) 91 CLR 353 is the leading Australian case which examines the consequences of certain wording on parties to a contract, and whether such wording leads to an enforceable and binding contract. 

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TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2

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TR 2022/3: personal services income: key changes from draft ruling TR 2021/D2

On 23 November 2022, the Australian Tax Office (ATO) released Taxation Ruling TR 2022/3, finalising its views on personal services income (PSI) and personal services businesses (PSB).