The region of Australasia punches well above its weight in global economic terms. While not always considered to be in the same league as East Asia, Western Europe and North […]
Read moreProtecting Intellectual Property (IP) and trade secrets are critical to survival in a competitive business environment. IP can range from confidential customer details to high-level technical expertise, methods and product information. There are two main ways to prevent competitors from accessing IP, and they are maintaining trade secrets, or securing a monopoly through obtaining patents […]
Until recently, Australia had some of the strictest insolvent trading laws in the world. Those laws were designed to lift the corporate veil so that those in control of a corporation could be held liable for debts incurred while the corporation is unable to pay its debts as and when they are due. Section 588G […]
The Australian Government welcomes productive foreign direct investment, but a good understanding of the Australian corporate governance rules is the key to success when investing in Australia. Main legislation and regulatory sources The Corporations Act 2001 (Cth) (the Act) is the principal legislation regulating companies in Australia, while the Australian Securities and Investment Commission (ASIC) […]
Establishment Australia’s strong economy has seen it clock up 27 years without a recession. This, combined with a trusted system of government and close proximity to Asia, makes a strong case for establishing a business in Australia. Whether it be through an Australian local subsidiary or a branch of the foreign company, it’s important to […]
Australia has experienced more than 20 consecutive years of growth within a society and culture that is very similar to countries like the UK, Canada, USA and Ireland. It is the only nation to rank in the top five of the world’s most resilient economies since 2008, and its real gross domestic product (GDP) growth […]
Commencing or acquiring a business operation in a new country requires a great deal of planning and analysis. Once the decision has been made, the practical issues need to be dealt with. This is where having trusted advisers in the new country is crucial. When commencing business operations in Australia there are many things that […]
M&A legal work in Australia covers a vast range of business transactions of all shapes and sizes. During 2018 there was a substantial increase in inbound, domestic and outbound Australian M&A activity, increasing by almost 80 per cent to USD155.9billion by early December according to published data. Materials, energy and power and healthcare are the […]
Agriculture and agribusiness are a USD250 billion plus sector in the Australian market. Investment opportunities exist in the value-add sector of the food chain, particularly amongst dairy, seafood and wine and these are being pursued by investors from around the globe. We are seeing investors ranging from large scale foreign pension funds to family offices […]
“The matter was resolved with the employer and employee executing a deed of release resolving all issues in relation to the matter. The deed provided certainty and protection to both the Australian subsidiary and the US parent company.” Jeremy Cousins, Principal of Whitehall Workplace Law has worked with various international IR Global members to assist their clients with advice on Australian employment and labour law […]
Following criticism in the wake of the Hayne Royal Commission, ASIC has vowed to crack down on increasing business misconduct by implementing a new ‘litigate-first’ strategy. In doing so, the corporate regulator has committed to placing a greater emphasis on litigation, warning that it will ‘move more quickly to, and accordingly conduct more, civil and criminal […]
In the recent decision of Roberts and Secretary of Jobs and Small Business [2019] AATA 64, the Administrative Appeals Tribunal (AAT) reviewed a decision made by the Secretary of the Department of Jobs and Small Business that the Applicant was not eligible to claim an advance under the Fair Entitlements Guarantee Act 2012 (Cth) (‘FEG Act’). The FEG Act establishes a scheme which enables employees who have lost their job as a result […]
