Research & Publications - Index
557 items found
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05 February 2010 - Publication
Judicial discretion to give directions to a liquidator on questions relating to disputed claims against third party
In the case of Re Mento Developments (Aust) Pty Ltd (2009) 73 ACSR 622, the liquidator of Mento Developments (Aust) Pty Ltd (Mento) applied for directions from the Victorian Supreme Court under section 479(3) of the Corporations Act 2001 (Cth).
The ...
31 January 2010 - Publication
Sustainable Planning Act 2009: Enforcement Regime
This article forms the final part of an eight part series regarding the changes brought about to planning law by the Sustainable Planning Act 2009 (SPA) and in particular the enforcement regime under SPA.
28 January 2010 - Publication
Limiting liability with liquidated damages clauses: J-Corp Pty Ltd v Mladenis [2009] WASCA 157
Building and construction contracts often include a clause providing for the proprietor to be paid an agreed rate of liquidated damages in the event the contractor fails to meet milestones by the time prescribed by the contract. To be enforceable, ...
28 January 2010 - Publication
Repeated payment claims and reviewing adjudicator's decision to seize jurisdiction: AJ Lucas Operations Pty Ltd v Mac-Attack Equipment Hire Pty Ltd
Under the Construction Contracts (Security of Payments) Act (NT) (NT Act) and the Construction Contracts Act 2004 (WA) (WA Act): (a) Is it possible to give a "stale" payment claim a new lease of life by repeating or including it in a new payment ...
22 January 2010 - Publication
Creeping acquisitions: proposed changes may have limited practical effect
Today, Competition Minister Emerson announced proposed amendments to the Trade Practices Act (TPA), dealing with “creeping acquisitions”. Minister Emerson also confirmed the Government’s position that the ACCC currently has the power to review ...
18 December 2009 - Publication
Competition Corrs - December 2009
In this issue: Legislative round-up; Government Signals Intention to Strengthen Franchising Code; Proposed Changes to US Horizontal Merger Guidelines; The Failing Firm Argument – Recent Guidance from New Zealand; Revised FTC Guidelines Governing ...
18 December 2009 - Publication
Corrs & Effect Summer 2009
18 December 2009 - Publication
Corrs In Brief: Private Equity in Tax Office Crosshairs
In a dramatic move on the night of 11 November 2009, the Australian Taxation Office obtained a court order freezing the National Australia Bank account thought to hold the $1.5 billion gain made by TPG on the exit from its investment in Myer. Media ...
18 December 2009 - Publication
Guarantors right of subrogation after making payments towards a debt
The High Court recently in Bofinger v Kingsway Group Limited [2009] HCA 44 found that a guarantor’s right of subrogation arising from payment under the guarantee took priority over the rights of subsequent mortgagees. This finding overturns the ...
11 December 2009 - Publication
Challenging bankruptcy notices – when can the court go behind the judgment?
Generally, when challenging a bankruptcy notice, it is said that a court cannot go behind the judgment that gives rise to the subject debt. However, the recent Federal Court case of Boglari v Coadys [2009] FCA 1398 is a reminder that a court may go ...
04 December 2009 - Publication
Describing the debt in a statutory demand
The recent Supreme Court of New South Wales decision of Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 1257 is a timely reminder of the importance of describing the debt in a statutory demand. The debtor must be able to assess the basis on ...
27 November 2009 - Publication
High Court considers the validity of NSW Criminal Assets Recovery Act
In a decision published earlier this month the High Court, in International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49, held that section 10 of the Criminal Assets Recovery Act 1990 (NSW) (the Act) is invalid.
25 November 2009 - Publication
Regulatory Update: the Ripoll Inquiry into financial products and services
The Report into financial services and products by the Parliamentary Joint Committee on Corporations and Financial Services has been tabled in Parliament with a total of 11 recommendations.
20 November 2009 - Publication
Can a company in liquidation use its assets to pay the costs of winding up managed investment schemes of which it is the responsible entity?
Rubicon Asset Management Limited (RAML) was the responsible entity for five managed investment schemes. Each of those five schemes required winding up.
Under normal circumstances, the responsible entity would bear the costs of the winding up ...
19 November 2009 - Publication
Sustainable Planning Bill 2009 - Transitional Issues and summary of changes under the Sustainable Planning Act 2009
This article forms the seventh part in the series and outlines some of the important sections of the Sustainable Planning Act 2009 (SPA) that will come into force upon its commencement in December 2009, upon the repeal of the Integrated Planning Act ...
13 November 2009 - Publication
Consent of trustee in bankruptcy required in order to seek positive relief, but not to raise a defence
The Victorian Supreme Court recently in Tulip Investments Pty Ltd v Edwards [2009] VSC 492 held that a bankrupt cannot take action to protect, enhance or add to the property that is controlled by his/her trustee in bankruptcy, without the consent of ...
09 November 2009 - Publication
Corrs In Brief: National consumer credit protection legislation passed through the Senate
On 26 October 2009 the federal government’s consumer credit reforms were passed by the Senate.
09 November 2009 - Publication
Private Equity Australia Newsletter - November 2009
06 November 2009 - Publication
Court asked to consider whether time of the essence in respect of payments under deed of settlement
The NSW Court of Appeal recently in Meares Nominees Pty Ltd v Permanent Custodians Ltd [2009] NSWCA 235 decided that the due date by which payments were to be made under a deed of settlement were crucial in respect of the operation of the deed.
05 November 2009 - Publication
Conference paper by Corrs CEO John Denton: International competitiveness – productivity, jobs and standards of living
Conference paper presented by Corrs CEO John Denton at the Economic & Social Outlook Conference at the University of Melbourne.
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