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Directors’ duties govern the relationship between directors, the company, and shareholders and  creditors when in financial difficulty. The fundamental principle governing directors’ responsibilities is that directors must comply with the Corporations Act 2001 (Cth) as well as a myriad of other legislation and common law principles. Rule 1 and this is the most important rule –There is no such thing as a silent director! A non-active, non-executive director carries as much liability as any other active or executive direc...

In Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd, the High Court made the decision to allow two appeals filed by Self Care IP Holdings Pty Ltd on the Federal Court’s trade mark infringement decision against Allergan Incorporated. Self Care IP Holdings Pty Ltd (‘Self Care’) supplies and markets cosmetic products, including topical anti-wrinkle skincare products called “Inhibox” (marketed as an “instant Botox alternative) and “Protox” (marketed and trademarked as PROTOX). Allergan Australia Pty...

Players and coaches across many disciplines of sport face abuse and harassment both on-court and online. Despite sports such as tennis holding the well-established rule that the audience must remain silent, players and coaches face a barrage of disrespectful and irritating comments during games. Often during drawn-out games players respond to such comments, calling out poor audience behaviour or defending their actions. Such responses can however become legal issues where the incident is widely reported and gives rise to a defamation ...

Ahh, mobile franchises, the wind in your hair as you drive to your next appointment in your branded van with a dog in the back, the freedom from paying exorbitant rent and staff costs, and the possibility of work/life balance. Mobile franchises are a great option… or are they? There is an emergence of mobile franchises on the market which have certain benefits over the traditional high-cost franchises that we see in shopping strips and shopping centres. However, the rise of mobile and home services was happening pre-Covid (yes, ever...

Many businesses want to outsource their logistics as it is more cost effective, reduces internal labour costs and is more effective leaving the distribution, warehousing and fulfilment to a specialist company. Here are a few tips to consider when deciding whether to appoint a third or fourth party logistics company: Third Party Logistics (3PL) A 3PL company will handle the warehousing, distribution and often fulfilment of products for a company. They will receive and store stock and deliver goods (usually under your business name, not...