Insights Categories: Corporate & Commercial

Nov 30, 2017

INSIGHT: New Legislation Introduces Ban on Excessive Payment Surcharges

On 1 September 2017, a ban was imposed on the practice of charging customers excessive surcharges on card payments pursuant to Competition and Consumer Amendment (Payment Surcharges) Act 2016. It will affect all businesses operating in Australia or businesses utilising an Australian bank when charging customers payment surcharges for using a credit card or debit card for payment including EFTPOS, […]

Nov 30, 2017

INSIGHT: Expanded Protection for Whistleblowers in Corporate, Financial and Credit Sectors including Tax Misconduct

On 23 October 2017, the Commonwealth Government released an exposure draft of the Treasury Laws Amendment (Whistleblowers) Bill 2017 which contains significant reforms to Australia’s private sector whistleblower laws. The new regime will offer protection to whistleblowers in the corporate, financial and credit sectors and will introduce new protections for tax whistleblowers. The proposed legislation […]

Nov 16, 2017

INSIGHT: Put it in writing: Tools to protect and enforce minority shareholder rights (Part 2)

The Importance of a Shareholders’ Agreement In the previous issue of Commercial Insights, we wrote about the utility and importance of a shareholders’ agreement in protecting the rights of a minority holding, as illustrated by the recent case of SDW2 Pty Ltd v JLF Corporation Pty Ltd & Ors[1] in the Supreme Court of Queensland. […]

Nov 15, 2017

INSIGHT: How to avoid copyright infringement

With so much information publicly available, you must be careful not to infringe copyright when you use another person’s material. How can you better comply with Australian copyright laws? What is copyright? Copyright is protection over the way an idea or information is expressed. It is not the idea or expression that is protected, meaning […]

Nov 14, 2017

INSIGHT: How fit are you, legally?

Working as a Fitness Professional (FP) can be a rewarding career in helping others achieve their health and fitness goals, but the responsibilities also carry a number of substantial and potential legal and business risks, so it is always a good idea to check that you, and your business, are as well protected as you […]

Oct 5, 2017

INSIGHT: On the regulatory radar – copy trading, forex signal trading and binary options trading

Meridian Lawyers has had a number of inquiries in relation to copy, mirror or shadow trading, forex signal trading and binary options trading and its regulation. Copy trading allows an investor to directly copy the positions taken by another trader and connect a part of their portfolio to the client/investor and thus to copy all […]

Oct 5, 2017

INSIGHT: Crowd-sourced funding for start-ups and SMEs – offering shares to retail investors

From 29 September 2017, public companies may offer ordinary shares to retail investors under the equity-based crowd-sourced funding regime through a licensed CSF intermediary’s platform. The CSF amendment will allow small to medium-sized businesses and start-ups to raise capital by issuing shares to retail investors without the regulatory burden of traditional fundraising provided that the […]

Oct 5, 2017

INSIGHT: Proposed new Insurance Code of Practice for Superannuation Trustees

On 20 September 2017, the Insurance in Superannuation Working Group (ISWG) released a draft Insurance Code of Practice for Superannuation Trustees (Code). The objective of the proposed Code is to improve the insurance in superannuation offered to fund members and to regulate group insurance in superannuation, particularly its automatic issuance on an opt-out basis. The […]

Oct 5, 2017

INSIGHT: ASIC to get stronger powers to ban financial services managers

On 6 September 2017, Treasury released a consultation paper reflecting the position of the ASIC Enforcement Review Taskforce which proposes the possible expansion of ASIC’s powers under the Corporations Act to allow it to ban senior managers in the financial sector from performing their functions. The proposed extension of ASIC’s power will apply to senior […]

Jul 30, 2017

INSIGHT: ACCC increases franchisor scrutiny

Under the Franchising Code of Conduct (FCC) a franchisor is obliged to update a disclosure document which has been issued previously to a franchisee within 4 months after the end of each financial year. Recent proceedings initiated by the ACCC suggest an increasing focus on and scrutiny of disclosure obligations in the protection of franchisees. Disclosure […]

Jul 30, 2017

INSIGHT: ‘Phillips arrangements’: It may be time to review your service company arrangements

Many professional practice owners including medical practitioners and pharmacists enter into an agreement with an associated entity to provide services to the practice, such as the provision of staff, administrative or clerical services, premises, plant or equipment in consideration for the payment of a services fee. Depending on its structure, these service arrangements may have […]

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