News

At a time when innovators and startups across Newcastle and the Hunter Valley are lauded for their achievements, many people in the industry can appreciate that developing new innovations and bringing them to market is no simple task and, considering the current economic climate, it’s a task that is becoming increasingly challenging. Many Hunter startups attempt to grow organically or seek out venture capital investment, without fully exploring other, perhaps less common, alternative routes to growth. It is well documented that the extent of organic growth can be limited due a range of factors, including the level of debt available to the business, the level of entrepreneurial spirit in the business and its historical and expected financial performance.

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An ESG assessment of a business is now a critical investment tool. Over the past 5 years Australian Company Directors have faced growing demand for quality reporting on ESG topics. Australian investors are looking very closely at a company’s ESG credentials when making investment decisions. But how does ESG investment screening impact a typical Australian SME or privately owned enterprise? In this article we discuss how ESG intersects with the current law as it relates to capital raising, but from a small or emerging business perspective.

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How far is too far? Should remedies for Oppression under the Corporations Act 2001 (Cth) extend to minority unit holders under a unit trust?

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This article discusses the limited circumstances in which a director can consider the interests of the broader corporate group and still satisfy their fiduciary duty to act in good faith in the best interests of the company. It also comments on the challenges this presents for directors in the context of an incorporated joint venture and the importance of understanding this risk to avoid personal liability.

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Recent temporary amendments to the Corporations Act 2001 (Cth) allow companies to execute documents (including deeds) electronically and also for split execution under section 127 of the Corporations Act 2001 (Cth). These amendments are temporary but will hopefully form the basis of permanent reform in the future.

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