Research & Publications - Index
413 items found
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25 August 2008 - Publication
Corrs In Brief: The National Greenhouse and Energy Reporting System
The National Greenhouse and Energy Reporting Act 2007 (Cth) (NGER Act) and the National Greenhouse and Energy Reporting Regulations 2008 (Cth) (NGER Regulations) are the key components of the Commonwealth Government’s National Greenhouse and Energy ...
25 August 2008 - Publication
Work It Out: Corrs Reconstruction and Insolvency - August 2008
In this issue: Administrators and ROT; Reviewing Proofs of Debt; Redeemable preference shares and creditors; Priority of Liquidator’s legal costs: Meadow Springs; ASIC Report 129: Administrators Reports; External Administrators Reporting to ASIC; ...
22 August 2008 - Publication
Corrs In Brief: Emissions Trading Scheme - Key Tax Issues
The Government’s approach to the design of Australia’s emissions trading scheme (Scheme) is outlined in its Green Paper of 16 July 2008. In this edition of Corrs In Brief, we analyse key tax issues arising from the Scheme.
22 August 2008 - Publication
Trustee in bankruptcy challenges an express declaration of trust
The recent decision of the Full Court of the Federal Court in Pascoe v Boensch [2008] FCAFC 147 concerned a challenge by a trustee in bankruptcy (Trustee) to the validity of a “Memorandum of Trust” executed by the bankrupt (Mr Boensch) and his ...
15 August 2008 - Publication
The High Court on waiver of privilege
The recent High Court decision in Osland v Secretary to the Department of Justice [2008] HCA 37 has confirmed that disclosure of the conclusion of legal advice may not necessarily result in waiver of privilege. The result will differ depending on ...
08 August 2008 - Publication
Determining the priority of litigation funders vs secured creditors to litigation proceeds
Although present in Australia for over a decade, the practice and regulation of professional litigation funding remains unsettled. The recent Federal Court decision of Meadow Springs Fairway Resort Ltd (In Liq) v Balanced Securities Limited (No 2) ...
05 August 2008 - Publication
Corrs In Brief: St George Bank appeals debenture interest deductibility case
St George Bank Limited (SGB) has lodged an appeal to the Full Court of the Federal Court of Australia in the case of St George Bank Limited v Commissioner of Taxation [2008] FCA 453. The decision handed down on 11 April 2008 considered the ...
01 August 2008 - Publication
When can a creditor surrender their security by voting in a liquidation?
The Federal Court recently considered whether voting at a meeting of creditors in a liquidation, without providing an estimated value of its debt, constituted an unequivocal election by a creditor to surrender its security pursuant to s 554E of the ...
25 July 2008 - Publication
Corrs In Brief: Government releases draft legislation to reform public trading trust rules
The draft legislation includes details of the proposed amendments to the public trading trust rules in Division 6C of the Income Tax Assessment Act 1936 (Cth). The reforms were foreshadowed in the 13 May 2008 Federal budget.
25 July 2008 - Publication
Creditors resolutions and the ability of a creditor who voted against one to challenge it
Last month the Supreme Court of Western Australia considered when a court will set aside a creditors resolution to settle a claim on the grounds it prejudices creditors who voted against the proposal under section 600A of the Corporations Act 2001 ...
24 July 2008 - Publication
Competition Corrs Newsletter - July 2008
In this issue: Dual Pricing – Was/Now and what is being saved?; The Productivity Commission’s Review of the Australian Consumer Policy Framework; Unit Pricing; ACCC proposes significant changes in new Merger Guidelines.
18 July 2008 - Publication
Corrs In Brief: Carbon Pollution Reduction Scheme - Green Paper issued on 16 July 2008
The Green Paper outlines the Commonwealth Government’s approach to the design of a national emissions tradingscheme, described in the Green Paper as Australia’s Carbon Pollution Reduction Scheme (Scheme).
18 July 2008 - Publication
Is a deed administrator’s entitlement to remuneration a judgment debt against the company generally?
The recent case of Wellnora Pty Ltd v Fiorentino [2008] NSWSC 483 considered the legal status of a deed administrator’s entitlement to remuneration. Specifically, the NSW Supreme Court considered whether such an entitlement is in the nature of a ...
18 July 2008 - Publication
Summary of the Personal Properties Securities Bill 2008
On 16 May 2008, the Commonwealth Attorney General released a consultation draft of the Personal Property Securities Bill 2008. This is intended to harmonise the law and practice on personal property securities through a single federal Act supported ...
15 July 2008 - Publication
ASIC Consultation Paper 100: Unlisted Property Schemes - Mandated Disclosure Requirements
ASIC has released for comment a consultation paper proposing significant new disclosure standards for registered unlisted property schemes. There is a consultation period open until 5 August 2008.
11 July 2008 - Publication
When can a company provide financial assistance to a person acquiring shares in the company?
In Kinarra Pty Ltd v On Q Group Ltd [2008] VSC 12, the Supreme Court of Victoria affirmed that the “impoverishment test” is applied to determine whether a company’s financial assistance to a person acquiring shares in the company contravenes section ...
10 July 2008 - Publication
Corrs In Brief: Garnaut Climate Change Review Draft Report issued on 4 July 2008
The Garnaut Climate Change Review was commissioned by the Commonwealth, State and Territory Governments in 2007 to examine the impacts of climate change on the Australian economy and to recommend policies for sustainable prosperity.
10 July 2008 - Publication
Corrs In Brief: Risks associated with false or misleading environmental reports
Developers and regulatory authorities rely upon environmental reports of all kinds to support development applications and major project applications. What happens if the consultant, negligently or otherwise, makes a false or misleading statement ...
04 July 2008 - Publication
Can an unsecured creditor appoint a special purpose liquidator to conduct separate investigations?
In the recent decision of Lo v Nielsen & Moller Autoglass (NSW) Pty Ltd [2008] NSWSC 407, the court considered whether an unsecured creditor of a company was allowed to appoint a special purpose liquidator to investigate the company’s affairs ...
27 June 2008 - Publication
Unregistered mortgages and charges and exercise of the statutory power of sale
An interesting issue that may arise for a lender is whether they can exercise a statutory power of sale where their only security over real property under Torrens title is an equitable mortgage or equitable charge. This issue was considered in ...
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