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Understanding the ATO’s Data-Matching Programs
A Guide for Accountants The Australian Taxation Office (ATO) has ramped up its efforts to ensure compliance by using sophisticated data-matching programs. These programs cross-reference
Urgent company reinstatement to avoid a DPN – Gregg v ASIC
The case revolves around Bradley Stuart Gregg, a former director of a deregistered company, JR Serra Proprietary Limited. Gregg sought a court order to reinstate
Understanding the Low Adoption of Simplified Liquidations: What Accountants Need to Know
Understanding the Low Adoption of Simplified Liquidations: What Accountants Need to Know Since the introduction of the simplified liquidation reforms in 2021, there has been
Superannuation as an employee entitlement under the National Employment Standards
From 1 January 2024, superannuation will be introduced as an employee entitlement under the National Employment Standards (NES). This means that all eligible employees have a right to superannuation contributions from their employer, regardless of whether they are covered by an award or enterprise agreement.
Shadow and De Facto Directors: A Guide for Accountants and Other Professionals
As an insolvency practitioner, I occasionally see the impact that shadow and de facto directors can have on companies. These individuals, who are not formally appointed as directors, can often exercise a significant amount of control over a company’s affairs and participate in the day-to-day operations of a corporation.
Winding up of a company if it is “just and equitable”
Section 461(k) of the Corporations Act 2001 (Cth) is a discretionary power of the court to order the winding up of a company if it is “just and equitable” to do so. This power is often used in cases where there is no other statutory ground for winding up, but where the company is in a position where it cannot continue to operate effectively or fairly.
