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Just and equitable wind-up of a solvent incorporated association

A recent peculiar case from the QLD Court of Appeal (COA) is a timely reminder that a Court will only wind-up a solvent incorporated association on just and equitable (J&E) grounds 🚨 AS A LAST RESORT 🚨 despite a legal war between two camps. The Association: Congregational Christian Church In Samoa-Australia (Ipswich Congregation) Camp 1:…

Credit limit increase + fiduciary duties

INTERESTING CASE: Does a business development manager employee owe a fiduciary duty to his employer when he gives a customer a very large credit limit increase (without authorisation)? Not on these facts, according to the Queensland Court of Appeal. Case is: Metal Manufactures Limited v Johnston & Anor [2020] QCA 42 Very fact heavy, but bear…

Officer by conduct, not by name

BREAKING: the High Court has just held that a person who is found on the evidence to be “the overall boss” or have “overall responsibility” of the business of a company, IS AN OFFICER of the company for the purposes of the para (b)(ii) definition in s 9 of the Corporations Act 2001 (‘the Act’).…