Research & Publications - Index
628 items found
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11 December 2007 - Publication
Corrs Media News - Tape Recording of Court Proceedings Policy
On 5 December 2007, the Chief Justice of the Supreme Court of NSW issued a policy permitting the media to use tape recorders during court proceedings for the purpose of preparing fair and accurate reports of those proceedings.
07 December 2007 - Publication
Liquidators and litigation funding
On 23 November 2007 Justice Palmer handed down his decision in Hall v Poolman in the NSW Supreme Court. The decision sends a clear warning to those who seek to profit from “churn and burn” litigation, confirming that the courts will readily inquire ...
30 November 2007 - Publication
Defining "solvency"
The recent decision of Austin Australia Pty Ltd v De Martin Gasparini Pty Ltd [2007] NSWSC 1238 considered the definition of, and tests for determining, "solvency" under the Corporations Act 2001 (Cth).
29 November 2007 - Publication
Work It Out November 2007 - Corrs Reconstruction and Insolvency Group Newsletter
In this issue: Voluntary administration hits New Zealand; Ansett v Travel Software Solutions; Deed administrators paying dividends to shareholders; One.Tel SPL's search for documents; Uncitral model law - cross border insolvency bill on hold; ...
27 November 2007 - Publication
Corrs In Brief November 2007 - ATO voices a draft view on bare trusts
The Australian Taxation Office (ATO) has stated its preliminary views on how GST applies to “a cycle of transactions” involving bare trusts in the property sector. The ATO has generally adopted a “look though” approach to identifying the beneficiary ...
25 November 2007 - Publication
Corrs In Brief Election 2007 - Workplace Reform Update
Following Labor’s success in the Federal election on Saturday, what changes can we expect to Australia’s system of workplace regulation? In this ‘In Brief’, we examine the key elements of Labor’s policy proposals, the extent to which they will ...
23 November 2007 - Publication
Can subscription moneys be recovered via a statutory demand if the issuer breaches s724 of the Corporations Act?
In the recent case of Roadships Logistics Ltd v Tree [2007] NSWSC 1084, the NSW Supreme Court considered whether s724 of the Corporations Act 2001 (Cth) creates a “debt” in favour of a subscriber for shares if the company issuing the shares does not ...
16 November 2007 - Publication
Setting aside statutory demands - time is of the essence
The recent case of Challenge Homes Loans v Etienne Lawyers [2007] NSWSC 1145 is a timely reminder to debtors wishing to set aside statutory demands. Specifically, the case confirms that a debtor wishing to set aside a statutory demand ...
14 November 2007 - Publication
Case Notes Queensland - October 2007
In this issue: Council power to consider infrastructure policies introduced after development application lodged; No benefit of easement for adjoining properties; Order-in-council ousted by IPA; Infrastructure sufficient to accommodate increased ...
14 November 2007 - Publication
Corrs In Brief November 2007: Blink and you'll miss it - when is an ad not an ad?
09 November 2007 - Publication
Section 73 of the Bankruptcy Act - can two bankrupts put a proposal in one document?
In the recent Federal Court case of Labocus Precious Metals Pty Ltd v Thomas [2007] FCA 1154 creditors of the estate of two bankrupts challenged a proposal that was put to creditors under section 73 of the Bankruptcy Act 1966 (Act) on the grounds ...
08 November 2007 - Publication
Corrs Media - Section 65A of the Trade Practices Act: Is it misleading and deceptive to publishers and broadcasters?
Recently, Justice Bennett handed down her decision in the Federal Court of Australia proceedings of Australian Competition & Consumer Commission v the Seven Network Limited & Ors. Her Honour found that Seven Licencees breached s 52 Trade Practices ...
02 November 2007 - Publication
Review of Australian Privacy Laws
At the request of the Attorney General of Australia, the Australian Law Reform Commission (ALRC) has been conducting an inquiry into and review of the Privacy Act 1988 (Cth) (Act). The ALRC has recently released Discussion Paper 72 which contains ...
26 October 2007 - Publication
Summary dismissal of winding up applications
The recent case of Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966 shows that it is in very rare circumstances that a winding up application will be summarily dismissed.
22 October 2007 - Publication
Corrs Planning Queensland Issues - Spring 2007
19 October 2007 - Publication
Who can sue under the voidable transaction and insolvent trading provisions?
The voidable transaction and insolvent trading provisions in the Corporations Act are familiar to many. However the recent case of Edenden v Bignell [2007] NSWSC 1122 provides a useful reminder that, generally speaking, only a liquidator can sue ...
18 October 2007 - Publication
Multisourcing and selective sourcing in the IT environment
Multisourcing is a sophisticated and more complex level of sourcing of services. A critical differentiating factor is the interdependency between suppliers. In the IT context, the interdependency can relate to business critical services and ...
12 October 2007 - Publication
Security for costs orders - are company directors exposed?
The decision of Jianshe Southern Pty Ltd v Get Motor Cycles Pty Ltd (formerly Turnbull Cooktown Pty Ltd) (No.3) [2007] FCA 1078 confirms that a court, in certain circumstances, can order a company director to provide a personal guarantee as security ...
05 October 2007 - Publication
Proceedings against a bankrupt - the need to obtain leave
The recent case of Ashdown v Spargo [2007] FCA 1399 is a useful reminder of the need for a creditor to obtain leave from the court before commencing or taking a fresh step in proceedings against a debtor who has been made bankrupt.
30 September 2007 - Publication
Case Notes Qld September 2007
In this issue: Gunns Given Green Light; Chickens Across The Road, Subject To Conditions; Sufficient Grounds To Justify Approval; High Court Rules On IPA
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