Research & Publications - Index
628 items found
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07 November 2008 - Publication
Subpoenas – the need for a “legitimate forensic purpose”
The recent case of Keays v JP Morgan Administrative Services Australia Ltd [2008] FCA 1603 confirms that a subpoena in litigation generally can only require production of documents for a “legitimate forensic purpose”.
29 October 2008 - Publication
Corrs In Brief: The truth be told - Federal Court hands down Cemex decision
Cemex’s approach to truth in takeovers has failed to pay dividends – so to speak. Last week the Federal Court handed down its decision in Cemex Australia Pty Limited v Takeovers Panel [2008] FCA 1572 dismissing CEMEX’s arguments on all counts. The ...
27 October 2008 - Publication
Corrs In Brief: Government introduces legislation to reform public trading trust rules
The Government has introduced legislation into Parliament which will amend the public trading trust rules in Division 6C of the Income Tax Assessment Act 1936 (Cth). The reforms which are included in Tax Laws Amendment (2008 Measures No. 5) Bill ...
24 October 2008 - Publication
Statutory duty of mortgagees to sell property at market value examined by Queensland Supreme Court
In the recent decision of Sablebrook Pty Ltd v Credit Union Australia Ltd [2008] QSC 242, the court considered issues pertaining to s85 of the Property Law Act 1974 (Qld) which requires a mortgagee to take reasonable care to ensure a property is ...
17 October 2008 - Publication
Corrs In Brief: NSW Contaminated Land Risk Set to Change
Proposed amendments to regulation of contaminated land in NSW will significantly change environmental risk for owners and occupiers of contaminated land.
17 October 2008 - Publication
Just estimates of debt, proxy voting rights, approval of a DOCA without approval of the largest creditor – some principles
The NSW Supreme Court has recently considered what constitutes a just estimate of creditors’ claims, voting rights of proxies and the public interest of not forcing a deed of company arrangement (DOCA) onto creditors. (Maylord Equity Management Pty ...
10 October 2008 - Publication
Creditors beware – improper issue of statutory demands
In the recent Queensland Supreme Court decision in MacKay Computer Services Pty Ltd v Wi-Man Pty Ltd [2008] QSC 221, a costs order was made against a creditor who issued a statutory demand for a debt in respect of which it knew there was a genuine ...
09 October 2008 - Publication
Corrs In Brief: Garnaut Climate Change Review - Final Report
The Garnaut Climate Change Review (Garnaut) 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. ...
03 October 2008 - Publication
Re-visiting common law waiver of privilege
In August 2008, we reported on the High Court case of Osland v Secretary to the Department of Justice [2008] HCA 37 which reaffirmed the relevant test for waiver of privilege in states where the uniform evidence legislation does not apply (ie. ...
26 September 2008 - Publication
Competition Corrs Newsletter - September 2008
In this issue: Legislative Roundup; Criminal proceedings for providing false or misleading information to the ACCC; Case Update: Franchising; Dual Pricing; Refusing Supply: When Can You?
26 September 2008 - Publication
Removal of liquidators: location may be a determinative factor
25 September 2008 - Publication
Corrs In Brief: A landmark decision for infrastructure and network owners and access seekers
Yesterday, the High Court delivered its decision in the long running matter arising from Fortescue Metals Group’s application for access to the service constituted by railway lines operated by BHP Billiton Iron Ore in the Pilbara. The process so far ...
24 September 2008 - Publication
Corrs In Brief: Disclosure of political donations with planning applications
From 1 October 2008, NSW laws require development applicants and objectors to disclose political gifts, donations, entry fees and the like made in the previous 2 years when making a planning application or a planning submission.
24 September 2008 - Publication
Corrs In Brief: Workplace relations reforms - more details emerge
Deputy Prime Minister and Workplace Relations Minister Julia Gillard announced on 17 September more details on the proposed implementation of the Governments “Forward with Fairness” Policy. Some of the information had already been released, however ...
19 September 2008 - Publication
Attempting to set aside a deed of company arrangement
16 September 2008 - Publication
ICT procurement for Victorian Government - exclusion of consequential loss
Risk allocation is often the most difficult issue to negotiate in ICT procurement. Many suppliers seek to include in supply agreements an exclusion of consequential loss clause. This article briefly discusses why suppliers seek to exclude liability ...
16 September 2008 - Publication
Tender process contracts - to embrace or exclude?
Over the last decade or so, the tender process for government contracts has undergone significant changes. Where it once was seen as a simple matter of inviting parties to submit bids for a government contract, it has now become a legally defined ...
12 September 2008 - Publication
A creditor’s entitlement to costs: conduct may be important
In Permanent Trustee Co Ltd v Gulf Import and Export Co (No 2) [2008] VSC 307 the Victorian Supreme Court considered the applicability of a provision in a contract entitling a creditor to costs on an indemnity basis (indemnity costs generally result ...
05 September 2008 - Publication
Court’s power to examine in external administration
In Re Sons of Gwalia Ltd (administrators appointed); Ex parte Love as administrator (2008) 66 ACSR 253, the Supreme Court of Western Australia rejected a challenge to its power to summon a person for examination about the affairs of a company that ...
03 September 2008 - Publication
Corrs In Brief: Australian Law Reform Commission Releases Privacy Law Review
The Australian Law Reform Commission (ALRC) recently released its final report on the protection of privacy in Australia.
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