Keep up to date with the latest news from FNL.

Structuring an unregistered managed investment scheme

Shannon Ryan (Director) and Will Kiernan (Solicitor)

Managed investments schemes are versatile investment structures which can be used to manage trusts (including cash management, property and equity funds) and a variety of other collective schemes (including agriculture, timeshare, mortgage, strata title or even film funds). Regardless of the investment, the key components of any managed investment scheme (‘MIS’) are that: (a) people…

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Credit provider’s obligations

Shannon Ryan (Director) and Sevda Tankir (Solicitor)

An individual or company that provides credit to consumers, must be aware of the obligations under the National Consumer Credit Protection Act 2009 (Cth) (the NCCP Act) and National Credit Code (the NCC) (which is contained in Schedule 1 of the NCCP Act) and know if they apply to them and their credit activities. What…

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Succession planning for your business

Andrew Bini (Special Counsel) and Sophie Lefebvre (Solicitor)

As the saying goes, failing to plan is planning to fail. You have run your business successfully and are thinking about the future, perhaps you want to move on to new ventures or maybe you are looking to step away from day to day operations and retire.  Either way, succession planning is the key to…

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Access to crowd-sourced funding for proprietary companies in the pipeline

Shannon Ryan (Director) and Andrew Tsirikis (Solicitor)

Crowd-sourced funding (CSF) involves a company raising funds from a large number of individual investors who make relatively small financial contributions to the company. The Corporations Amendment (Crowd-sourced Funding) Act 2017 which is due to commence on 29 September 2017 currently only allows unlisted public companies to engage in CSF as a means of fundraising….

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The implications of an employer’s conduct on restraint of trade clauses

Alan Foster (Director) and Gerard Maxted (Solicitor)

Restraint of trade clauses are common in employment contracts today. Simply put, they restrain the ability of employees to compete with their employers upon termination of their employment. However, critically, the recent decision of the Victorian Court of Appeal in Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 involved a comprehensive review of the authorities…

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Liquidated damages clauses and unenforceable penalties

Alan Foster (Director) and Andrew Sarraf (Senior Associate)

In many commercial contracts, parties seek to agree liquidated damages amounts or formulas to determine such amounts resulting from any breach, which are meant to be a genuine pre-estimate of the loss that would be suffered by the non-defaulting party as a result of the breach. In Australia, the law of contract upholds the freedom…

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