News
ASIC releases Insolvent Trading Act
30-November-2010 Fraud and Insolvency By Mark StreeterInsolvent Trading is a serious issue. As a director of a business you have a responsibility to not let your organisation engage in insolvent trading. This occurs when debts are incurred but at the time it is know they will not be able to be paid as and...
David beats Goliath using a recorded phone call
Commercial Disputes By Mark StreeterMacquarie Bank's recorded phone calls used as evidence against them What would you do if faced with a call on a margin loan of $160,000 from Macquarie Bank and given three working days to pay it? Over the past 12 months this has became a common...
Restraint of trade – how far can it stretch ?
Commercial Disputes By Mark StreeterSolicitor resigns and fights against signed employment agreement In recent years the pros and cons of employment contracts have been hotly debated. When a solicitor in a country town resigned from his firm to work for another he was accused of being in...
Protect your business from staff who may steal intellectual property
General,Fraud and Insolvency By Mark StreeterHow to protect your business from departing staff set on stealing from you The Australian Financial Review, on 15 October 2010, published a very helpful and insightful article called “Bosses’ Byte Back to Protect Secrets”. The article noted that...
Preventing corporate fraud is good business
Fraud and Insolvency By Mark StreeterWhen USA based WorldCom Inc fell victim to an $11 billion accounting scandal it resulted in the company filing for bankruptcy. In 2002 it was the largest bankruptcy in US history. Corporate fraud occurs in Australian businesses. Most business fraud...
Norco uses freezing order against employee in fraud case
Fraud and Insolvency By Mark StreeterThe Facts of Norco Co-Operative Limited v Kelly [2010] NSWSC 719 Employee HK worked for Norco from 26 March 2001 to 10 February 2009. In the course of her employment she fraudulently and dishonourably misappropriated amounts totalling at least...
No Right of Silence with ASIC Notice of Examination
Fraud and Insolvency By Mark StreeterWhen ASIC investigators give you a notice of examination it means they believe you have information which will help them in an investigation. You do not have the "right of silence". The Situation A businessman who had had dealings with a particular...