Avoiding the risk of personal liability as a Club director
This article appeared in the May 2018 issue of Club Life. Last issue we wrote about a case, Mansfield v Townend
Can a “social” director be personally liable for insolvent trading?
This article appeared in the March 2018 issue of Club Life. Some clubs struggle to find experienced directors and, in some cases, members have volunteered to “help out” their club by agreeing to be a director without appreciating the full scope of their responsibilities, and potential liability for not carrying out those responsibilities. It certainly
Relocating your gaming room
This article appeared in the February 2018 issue of Club Life. Clubs undertaking renovations to their premises need to consider the requirements of the Gaming Machines Act if the renovations involve a temporary or permanent relocation of the club’s gaming room. Moving a gaming room will require the club to apply for the approval of
This article appeared in the December 2017 issue of Club Life. In the age of Google and Wikipedia there is a growing view that information and answers should be easy and instant and we all should be able to do everything ourselves. We are all guilty of it, the other day my dishwasher filled with
When has a director vacated office?
This article appeared in the November 2017 issue of Club Life. In last month’s column I dealt with the uncertainty which clubs face from time to time in relation to whether a director has vacated his or her office by focusing on directors who fail to attend board meetings. This month I want to talk
When is Estrangement Disentitling Conduct?
The issue of what amounts to disentitling conduct in the case of an estranged parent and an adult child was recently discussed in Larkin v Leech-Larkin
When has a director vacated office?
This article appeared in the September 2017 issue of Club Life. A few years ago, we wrote about the uncertainty which clubs face from time to time in relation to whether a director has vacated his or her office. I was recently asked about this issue and it prompted me to write about it again.
Is a club allowed to advertise its gaming machines to members?
This article appeared in the August 2017 issue of Club Life. The Club Law article published in August 2015 considered some of the risks for clubs relating to gaming machine advertising. This included a brief consideration of the limited circumstances in which a club may send promotional material containing gaming machine advertising to a member
All About AGMs
This article appeared in the July 2017 issue of Club Life. With another round of Annual General Meetings (AGMs) coming up in August through to November, I thought it timely to write about some of the questions I often get asked concerning AGMs. When does a club have to hold an AGM? The 90 plus
Club secretaries and the law
This article appeared in the June 2017 issue of Club Life. In a recent decision, the Independent Liquor and Gaming Authority (ILGA Board) considered some of the important requirements under the Registered Clubs Act in relation to a club secretary. If these requirements are not complied with by a club or its secretary, the ILGA
Managing Bad Debtors
With whom are you contracting? An essential and sometimes overlooked aspect of commercial relationships with clients or customers is identifying exactly who the client or customer is. A person or a company may register a business name under which the person or company trades. However, a business name is simply a name and not a
Debt recovery and unfair preferences
What are unfair preferences? An unfair preference is defined in section 588FA of the Corporations Act 2001 (Cth) as a transaction between a company and a creditor which results in the creditor receiving from the company, in respect of an unsecured debt that the company owes to the creditor, more than the creditor would receive