Corporate & Commercial Articles

KHQ News & Insights

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

Thinking of exiting? Check your shareholders agreement

If you are considering exiting your shareholding in a private company, experience tells us that having a well drafted shareholders’ agreement paves the way for a more certain exit. A shareholders’ agreement is a binding contractual document that regulates the rights and responsibilities of shareholders. But, one size does not fit all! Shareholders’ agreements, like … Read more

“They didn’t tell me that!” Disclosure regimes for financial products face renewed scrutiny


Posted By on 16/10/19

By Adrian Faelli (Lawyer) and Venn King (Special Counsel) On 14 October 2019, ASIC and the Netherlands Authority for the Financial Markets (“AFM”) released a joint report critical of current disclosure regimes in respect of the full range of financial products across multiple jurisdictions. Entitled “Disclosure: Why it shouldn’t be the default”, the report acknowledges … Read more

Do the new whistleblower laws affect you?


Posted By on 25/03/19

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 has recently passed both houses of parliament and is now awaiting royal assent.  The Bill was introduced in response to the perceived lack of a protection scheme applicable to whistleblowers in the corporate arena, and the complexities raised by the otherwise “confusing web” of existing whistleblower … Read more

Google fined €50m by French personal data regulator


Posted By on 7/02/19

By Adrian Faelli (Lawyer) and Koula Politis (Senior Associate). On 21 January 2019, the French independent data protection agency, CNIL, fined US-based Google €50m (AUD $79.8m) for failing to provide users with transparent information concerning its data processing purposes, storage periods and ad personalisation. This marks the largest fine imposed under the EU’s General Data … Read more

Encapsulation is not “Made in Australia”


Posted By on 7/01/19

The Federal Court recently ruled that encapsulation of imported supplements in Australia does not justify a “Made in Australia” label The Federal Court has ruled in favour of the Australian Competition and Consumer Commission (ACCC), holding that the encapsulation in Australia of imported fish oil and vitamin D is not sufficient to permit the capsules … Read more

CoOL challenge to “Australian-made” claims


Posted By on 14/11/18

There’s been a lot of coverage about country of origin labelling (CoOL) rules relating to labelling of food.  But what about complementary healthcare products? Claims about where complementary healthcare products are made or manufactured need to comply with the Australian Consumer Law (ACL).  Of course, compliance with the ACL is in addition to sponsors’ compliance … Read more

ACCC steps up country of origin prosecutions


Posted By on 12/11/18

(By Darrell Choong and Amelia Edwards) It has been a ‘fine’ time for the ACCC this year – a fact to which Ozwear Connection (‘Ozwear’)and Birubi Art (‘Birubi’) will no doubt attest.  Both these entities have caught the attention of the regulator in relation to country of origin claims. Background Under the Australian Consumer Law … Read more