Research & Publications - Index
567 items found
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12 March 2010 - Publication
Statutory demands – technicalities regarding service of application to set aside
It is sometimes said that strict compliance with the rules relating to statutory demands (and for that matter, bankruptcy notices) is required and that even minor deviations from the rules may have dire consequences. However, the courts have ...
05 March 2010 - Publication
Federal Court asked to consider whether mortgagee breached its duties by selling property for less than market value despite proper marketing and sale by auction
The recent case of Apostolou v VA Corporation Aust Pty Ltd [2010] FCA 64 involved a claim against Perpetual Trustee Company Ltd (Perpetual) that it had breached its duties as mortgagee by selling a property for less than market value.
VA ...
02 March 2010 - Publication
FWA Full Bench Decides that Arbitration is not Required in Enterprise Agreement Dispute Clauses
On 26 February 2010, a Full Bench of Fair Work Australia decided that dispute resolution clauses in enterprise agreements made under the Fair Work Act 2009 (Cth) do not have to provide for arbitration as part of the dispute settlement process (Re ...
26 February 2010 - Publication
NBN Companies and Access Arrangements Bills
This week the Government released exposure drafts of two Bills concerning the corporate and regulatory framework within which NBN Co and its subsidiary, NBN Tasmania, will operate. The Bills will be of considerable interest to all those who acquire ...
26 February 2010 - Publication
Relief against forfeiture - when is it available?
On 17 December 2009, Justice McDougall in the Supreme Court of NSW handed down judgment in the case of RHG Mortgage Securities v BNY Trust Company ] NSWSC 1432. The decision looked at whether relief against forfeiture is available for ...
23 February 2010 - Publication
ACMA actively enforces Spam Act, Do Not Call Register Act
The Australian Communications and Media Authority (ACMA) increased its enforcement activity last year in relation to the Spam Act 2003 (the Spam Act) and the Do Not Call Register Act 2006 (the DNCR Act). A review of ACMA’s enforcement activity ...
23 February 2010 - Publication
Western District Developments Pty Ltd and Turnpike Land Pty Ltd v Baulkham Hills Shire Council [2009] NSWCA 283
The NSW Court of Appeal has confirmed that a prospective purchaser of land is owed a duty of care by a principal certifying authority exercising a statutory power.
19 February 2010 - Publication
An overview of the Personal Property Securities Act 2009
On 14 December 2009, the Personal Property Securities Act 2009 (the Act) together with the Personal Property Securities (Consequential Amendments) Act 2009 received Royal Assent. They are expected to commence in May 2011. To date legislation for the ...
19 February 2010 - Publication
Mortgagee discretion to enforce rights against mortgagor’s home
The recent case of Perpetual Trustee Ltd v Baranov [2010] VSC 18 has confirmed that a mortgagee may enforce its rights against a mortgagor’s home. This is the case even if the mortgagee could have enforced its rights against other properties. ...
12 February 2010 - Publication
The importance of directors informing themselves as to their company’s financial position
The case of Cooper v Commissioner of Taxation [2009] NSWSC 880, is a useful illustration of the importance of directors ensuring that their company maintains proper financial records and that they inform themselves as to their company’s financial ...
09 February 2010 - Publication
Roadshow Films v iiNet: ISP not liable for 'authorising' copyright infringement
On 4 February 2010, Justice Cowdroy delivered the Federal Court’s decision in Roadshow Films Pty Ltd v iiNet Limited (No 3) [2010] FCA 24 (Roadshow v iiNet). This important case concerns the liability of an internet service provider (ISP) for online ...
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 ...
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