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Research & Publications - Index

628 items found

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15 April 2008 - Publication
The High Court on repudiation of contract
“Repudiation” is a term which is frequently used – and misused – when talking about contracts which have come to an end. However, there has long been confusion about what the term means. The High Court has clarified the matter in Koompahtoo Local ...

15 April 2008 - Publication
The High Court on termination for breach of contract and the availability of loss of bargain damages
In Gumland Property Holdings Pty Limited v Duffy Bros Fruit Market (Campbelltown) Pty Limited [2008] HCA 10, the High Court has handed down another unanimous judgment clarifying an important issue in contract law.

14 April 2008 - Publication
PELG Case Notes Queensland - March 2008
In this issue: Intermittent Use, Not Abandonment; Need Dictates New Child Care Centre for Noosa Shire; Self-assessable Development and Compliance With Onsite Parking Codes; Decision to Terminate Tender Process Not Subject to Review: Cleanaway Cleans ...

11 April 2008 - Publication
Amendments to the Duties Act 1997 [NSW]
The State Revenue Legislation Amendment Bill 2008 was introduced into the New South Wales Legislative Assembly on 2 April 2008. The Bill purports to amend a number of New South Wales taxation statutes including the Duties Act 1997, the Land Tax ...

11 April 2008 - Publication
Court considers court ordered pooling mechanism
The recent decision of Allen v Feather Products Pty Ltd [2008] NSWSC 259 involved a pooling application to the court pursuant to section 579E of the Corporations Act 2001.

04 April 2008 - Publication
Component Pricing Bill released for comment
On 30 March, the Government released a further exposure draft Trade Practices Amendment (Component Pricing and Other Measures) Bill.

04 April 2008 - Publication
Obtaining market value when exercising the mortgagee's power of sale
Last month the Supreme Court of South Australia considered the requirement under section 420A(1)(a) of the Corporations Act 2001 (Cth) for a bank to take all reasonable care to sell a property for its market value when exercising the mortgagee’s ...

02 April 2008 - Publication
PELG Case Notes Queensland – February 2008
In this issue: Finding the balance – ecologically sustainable development; Categorisation of a Caloundra Home Unit; Make like a tree and leave: Council’s prosecution sent back to the Magistrates Court; Justification for approval despite planning ...

31 March 2008 - Publication
Corrs In Brief: GST Margin Scheme
The recent decision of a single judge of the Federal Court in Brady King Pty Ltd v Commissioner of Taxation [2008] FCA 81 (18 February 2008) (Brady King), has addressed some key aspects of the application of the margin scheme to the sale of strata ...

28 March 2008 - Publication
High Court upholds clearing house system
In International Air Transport Association v Ansett Australia Holdings Ltd [2008] HCA 3, the High Court upheld the IATA clearing house system and its effectiveness in an insolvency situation.

25 March 2008 - Publication
Corrs In Brief: New non-resident beneficiary witholding rules for Australian trusts
The Tax Laws Amendment (2007 Measures No.3) Act 2007 (Cth) (Act) contains important changes to the non-resident beneficiary withholding rules in Part III of Division 6 of the Income Tax Assessment Act 1936 (Cth) (ITAA).

20 March 2008 - Publication
Short sellers beware
On 6 March 2008 the Australian Securities and Investments Commission (ASIC) and the Australian Securities Exchange (ASX) issued a number of statements in response to concerns raised by a number of market participants and commentators regarding the ...

14 March 2008 - Publication
ATM direct charging reforms delayed
Industry proposals for direct charging reform of the ATM pricing system which were due to commence on 1 October 2008 have been delayed. A new revised date of completion of 3 March 2009 has been announced.

14 March 2008 - Publication
The 21st Century Leadership Challenge
Speech delivered by John Denton (18/02/08) to the Global Business Leaders Forum: Masters of the Future - Building Responsible World Class Corporations held in Mumbai, India.

07 March 2008 - Publication
Takeover break-fees
Late last year, the Federal Court of Australia considered “naked no vote break-fees” and when a court would sanction their use. The case is reported as Re Bolnisi Gold NL (No 2) [2007] FCA 2078.

05 March 2008 - Publication
Corrs In Brief: Tax - what to expect from the new Labor Government
In light of Labor’s resounding win in the federal election, and the resumption of Parliament, it is now time to consider the tax changes that we can expect from a Rudd Labor Government.

29 February 2008 - Publication
Case Notes Queensland - January 2008
In this issue: Fig Trees, Tennis Courts and The Use of The Premises; Lack of Owner’s Consent Not Excused Under Section 4.1.5a; Independent Expert Evidence Favoured; Development Application Superseded Planning Scheme- application of the Lamb decision.

29 February 2008 - Publication
Receipt of funds into bankrupt's account is not "income"
Late last year, the Federal Court considered whether payments into an account held by a bankrupt constitute “income” which has to be disclosed to the trustee in bankruptcy.

28 February 2008 - Publication
Corrs In Brief: It's All About The Label ... Federal Court Rules On Ralph Lauren Polo Player Logo
Ralph Lauren has lost its copyright case against a businessman importing genuine clothes bearing the polo player logo from the US for a cheaper price. Anna Kuperman (Senior Associate) and Ben Williams (Seasonal Clerk) discuss the case.

27 February 2008 - Publication
Corrs In Brief: End of the Line for Trade Mark Oppositions
A recent decision of the Federal Court of Australia raises a bar to avenues of appeal in unsuccessful trade mark oppositions.

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