Expert advice and guidance supporting for a board of directors
Navigate complex legal and regulatory issues, as well as provide practical solutions to operational and strategic challenges.
Corporation, Commercial
Merger & Acquisition
Wentworth corporate advisory
for doing business in Australia
Essential regulations that affect different aspects of the company's business in Australia
Foreign Investment Review Board Approval (FIRB)
FIRB approval is the process of obtaining permission from the Australian government to invest in certain types of assets and or industries in the National interests
The company and business structure and registration requirements that suit your business needs and objectives, such as sole trader, partnership, company, or trust.
The intellectual property rights and protections for a company's inventions, creations, and brands, such as patents, trademarks, designs, and copyrights.
Australian Consumer Law, the Competition and Consumer Act, and the Australian standards. The consumer protection laws and codes of conduct that ensure your business operates fairly and competitively.
Director's duties
under the Corporations Act 2001 (Cth)
Corporate governance
Avoid conflict of interest
Directors in Australia have a range of legal duties and obligations that they must fulfill. These include acting in good faith, exercising due care and diligence, avoiding conflicts of interest, and preventing insolvent trading. Failure to comply with these duties can result in serious consequences, including legal action and personal liability. Directors need to understand their responsibilities and seek professional advice if necessary.
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Care and diligence – Require a director to act with a reasonable degree of care and diligence expected in that role (s 180).
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Good faith – Require a director to act in good faith and in the best interests of the company (s 181).
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Not to improperly use information – Prohibits a director from improperly using information gained in the course of their director’s duties, to benefit themselves or someone else, to the detriment of the company (s 182).
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Not to improperly use position – Prohibits a director from improperly using their position, to benefit themselves or someone else, to the detriment of the company (s 183).
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Not to engage in insolvent trading – Require a director to ensure that the company is solvent while trading and can pay it’s debts when due and payable(s 588G)
Consequences of breaching Director's Duties
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Criminal sanctions (s 184)
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Civil sanctions
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Disqualification (Part 2.6D)
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Commercial consequences
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Personal liability
General corporate advisory services for companies
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Company formation and governance
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regulatory compliance
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Commercial contracts and agreements
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Intellectual property and technology
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Employment and labour
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corporate migration (subclass 429 and 186)
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Data, Cybersecurity and E-commerce
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franchising
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Taxation and compliance
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Mergers & Acquisitions
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Restructuring and turnaround management
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insolvency, administration, and winding up a company
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Contract interpretations for damages
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Competition & consumer protection
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Dispute resolution and litigation