Research & Publications - Index
628 items found
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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 ...
20 June 2008 - Publication
A mortgagee’s contractual entitlement to solicitor-client or indemnity costs – some principles
13 June 2008 - Publication
Re-registration of a de-registered company – is the same liquidator reinstated?
The recent case of J P Morgan Portfolio Services Ltd v Deloitte Touche Tohmatsu [2008] FCA 433 dealt with two issues. The first was whether the court should exercise its discretion under section 601AH(2) of the Corporations Act 2001 to re-register a ...
06 June 2008 - Publication
Is a claim for damages for the tort of deceit a provable debt in bankruptcy?
In the recent decision in Auto Group Ltd v England [2008] NSWSC 402, the Supreme Court of New South Wales had to consider the nature of a claim for damages for the tort of deceit and whether such a claim was a provable debt in bankruptcy.
05 June 2008 - Publication
Corrs In Brief: Financial Services and Credit Reform - Federal Government Green Paper
The Federal Government has released a Green Paper proposing significant reforms to financial services and credit regulation. Responsibility for much of the remaining state based financial services laws is likely to be transferred to the Commonwealth ...
03 June 2008 - Publication
Work It Out: Corrs Reconstruction and Insolvency - June 2008
In this issue: HIH reinsurance proceeds remitted to Australian liquidators; Reinstatement of registration of company - automatic appointment of liquidator?; Priority of Litigation funder’s expenses and fees; Changes in relation to financial ...
30 May 2008 - Publication
Opes Prime margin loans and the importance of fully understanding agreements
In one of the cases arising from the collapse of Opes Prime the Federal Court has considered the legal nature of “Margin Lending” by securities lending agreements compared to the more common “Margin Lending” secured by a mortgage. The case is ...
23 May 2008 - Publication
Legal professional privilege – the importance of substance over form
In Carter Holt Harvey Wood Products Australia Pty Ltd v Auspine Ltd [2008] VSCA 59 the Victorian Court of Appeal recently considered the issue of legal professional privilege and the application of the dominant purpose test enunciated by the High ...
19 May 2008 - Publication
Corrs In Brief: GST and development leases
On 7 May 2008 the ATO issued GSTR2008/2, its final ruling on GST and development lease arrangements with government agencies. The ruling does not apply to development leases issued by non-government landowners. In this Corrs In Brief, we provide a ...
16 May 2008 - Publication
“All moneys” clauses in assigned securities
The Western Australian Court of Appeal in Olympic Holdings Pty Ltd v Windslow Corporation Pty Ltd (in liq) [2008] WASCA 80 recently considered the construction of an “all moneys” clause in a mortgage and the effect of such a clause where a bank ...
09 May 2008 - Publication
Are “exception fees” penal and therefore unenforceable?
The recent English decision of Office of Fair Trading v Abbey National plc [2008] EWHC 875 (Comm) has considered the issue of the enforceability of “exception fees” by banks and concluded that such fees are not “penalties” at common law, and ...
08 May 2008 - Publication
Corrs In Brief: Continuing reform of the Trade Practices Act - off the Birdsville Track and a return to the beaten track
Since taking office, the current government has embarked upon a programme of legislative reform of the Trade Practices Act that
is largely consistent with the reforms that it flagged whilst in opposition.
02 May 2008 - Publication
Fixed and floating charges and when first in time does not apply
Last month the Supreme Court of New South Wales considered when a floating charge’s priority according to time of registration will be displaced by a fixed charge. The case is reported as B&B Budget Forklifts Pty Ltd v CBFC Ltd [2008] NSWSC 271.
29 April 2008 - Publication
Corrs In Brief: Federal Court issues new Practice Notice for tax cases
The Chief Justice of the Federal Court has recently released a Practice Notice that sets out information about changes to the way that tax cases are managed in the Federal Court.
24 April 2008 - Publication
Ex parte freezing orders: the need for full and frank disclosure
If there is a risk of dissipation of assets, there may be a need to urgently apply to court for a freezing order. This application is often done on an ex parte basis. In other words, the application is made without notice to the other party ...
18 April 2008 - Publication
Assessing compensation for land compulsorily acquired by public authorities
The recent High Court decision of Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority (2008) 242 ALR 38 dealt with the principles applicable when courts approach the task of determining ”market value” for the purposes of compensation ...
18 April 2008 - Publication
IP&T Newsletter - April 2008
In today's world, the laws of intellectual property, technology and competition (IP&T) are increasingly important and rapidly changing. Corrs' IP&T newsletter aims to give our broad range of clients concerned with IP&T quick and easy updates on ...
18 April 2008 - Publication
Transfer Pricing: Roche Products Pty Limited v Commissioner of Taxation
This is a significant decision, being the first Australian case relating to the merits of a transfer pricing assessment. Although the decision means Roche Australia’s assessable income for the relevant periods is increased by $58.7m, the taxpayer ...
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