Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority. The classes of conduct that give rise to a remedy for shareholder oppression are not closed,
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Damages for misleading conduct under section 236 of the ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage…
Federal parliament passes cyber security laws
Overview of the cyber security laws passed by the Australian Parliament in November 2024 that included mandatory security standards for IoT devices and the obligation on Australian business to report ransomware payments amongst a range of other changes to give…
Changes to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to ‘sunset’ (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect…
Cross border licensing – Maxim Media Inc v Nuclear Enterprises
The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc and Maxim Inc (Applicants) for alleged breaches of sections 18 and 29 of…
Domain name disputes a summary of the process
A domain name is a string of text that maps to an alphanumeric IP address, enabling users to access websites through client-side software.[1] Domains can be valuable business assets, and they frequently become the subject of disputes regarding the legitimacy…
New OAIC guidance on Artificial Intelligence
On 21 October 2024, the Office of the Australian Information Commissioner (OAIC) published two (2) new guides on artificial intelligence (AI), purportedly in effort to make privacy compliance easier for business.[1] What does the OAIC AI guidance provide? The first…
Kings Birthday 2024
Our office will be closed Monday 7th October 2024 for the QLD-observed Kings Birthday holiday.
Privacy and Other Legislation Amendment Bill 2024 (Cth)
The Privacy and Other Legislation Amendment Bill 2024(Cth)(Bill) was presented to Parliament on 12 September 2024.[1] The Bill follows the Attorney-General’s Privacy Act Review Report published on 16 February 2023 and the Government response to the Privacy Act Review Report…
New Anti-Money Laundering Bill
On 11 September 2024 the (Bill) was introduced to the House of Representatives.[1] The Bill will amend the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) to include provisions regarding deterrence, detection and disruption of money laundering and…