Ceasing to be a sole director
If you are the director of a company in Australia and no longer wish to be in that position, subject to the company’s constitution, you may resign at any time by giving written notice to the company [1]. This resignation is unilateral and need not be accepted by the company to be effective [2]. But, what…
Creditor Bankruptcy Notices
Have you been involved in Court proceedings where the Court has ordered a person (“Debtor”) to pay you or your business more than $5,000? Has the Debtor failed to pay you despite being ordered by the Court to do so? If the answer to those questions is yes, you may be able to apply to the Court to make them bankrupt. A…
Case note: compensation for land injuriously affected by a planning scheme
The recent High Court decision in Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith [2017] HCA 7 has emphasised the importance for both landowners and purchasers to undertake their due diligence prior to the acquisition or sale of land. Four of the five justices of the High Court held…
Drone Intrusion Part 2: They are watching
By Paul Fletcher. Part 1 dealt with the tort of trespass and asked “does hovering a drone 30 metres above private property, with the drone equipped with a camera being used to observe/record persons on the land below, involve a breach of an individual’s right to privacy?”. The issues include: What, in Australia, is the…
Risks of contracting with minors in the online world
For an enforceable contract to exist both parties to the contract must have “capacity”. This will generally depend on an objective legal test of capacity, rather than the subjective intention of the parties. Companies invalidly entering into digital contracts with “minors” is an increasing problem, for example via “accepting” standard terms and conditions to purchase…