Corporate & Commercial Articles

KHQ News & Insights

Financial product advice after the Westpac case


Posted By on 18/02/21

By Darrell Choong (Lawyer) and Venn King (Special Counsel) The highest court in the land has clarified what “personal advice” entails in the context of financial product advice, in Westpac Securities Administration Ltd v ASIC [2021] HCA 3. Financial advisers, and people involved with superannuation matters, need to pay close attention to the guidance provided … Read more

Not such a big deal? Litigation funders to have an AFSL


Posted By on 26/05/20

(By Darrell Choong and Venn King) The Federal Government has announced that the Corporations Act will apply to litigation funders, bringing the regulation and licensing of litigation funders under the remit of the Australian Securities & Investment Commission (ASIC). This move reflects the Government’s desire to increase the barriers to entry in the class action … Read more

COVID-19 RAISES PUBLIC INTEREST AS BUSINESSES RAISE CAPITAL

The impact of COVID-19 is affecting the economy left, right and centre, forcing many businesses to think outside the box, rather than relying on business-as-usual considerations – especially when it comes to addressing cash flow issues. Many government entities and regulators are providing guidance and adapting laws (where necessary) in order to assist businesses during … Read more

FORCE MAJEURE IN THE ERA OF COVID-19

By Alexandra Shaw (Lawyer), Bridget Hobbs (Senior Associate) and Andrew Walker (Director) As COVID-19 continues to spread, the impact on businesses becomes  inevitable. We have already started to receive questions from our clients as to how the impact of COVID-19 could affect their contractual obligations. Whilst the extent of the impact of COVID-19 remains uncertain, … Read more

Kleenmaid shadow director taken to the cleaners


Posted By on 5/03/20

(By Darrell Choong and Bridget Hobbs) On 7 February 2020, Kleenmaid’s former director and founder, Andrew Eric Young was found guilty of 19 charges arising out of Kleenmaid’s collapse.  This prosecution is significant as it marks the first time a shadow director has been convicted and sentenced to prison for insolvent trading. What happened? In April … Read more