Research & Publications - Index
628 items found
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28 September 2007 - Publication
Options and set-off - when does the debt arise?
In the recent case of JLF Bakeries Pty Ltd (in Liq) v Baker’s Delight Holdings Ltd [2007] NSWSC 894, the NSW Supreme Court gave some guidance as to when, in relation to a claim for set-off, the “time of receiving credit” occurs for the purposes of ...
26 September 2007 - Publication
Case Notes Qld August 2007
In this issue: Condition Requiring Registrable Convenant Not A Slippery Concept; Costs Awarded Against Council; No Stopping High-Risers At Surfers Paradise
21 September 2007 - Publication
Corrs In Brief: Recent Developments In Client Legal Privilege
In-house counsel – from the back foot to the front foot – demonstrating independence
21 September 2007 - Publication
Legal professional privilege – copy documents have a life of their own
The recent case of Barnes v Commissioner of Taxation [2007] FCAFC 88 usefully highlights the commonly misunderstood position regarding copy documents, as distinct from original documents, in terms of legal professional privilege.
20 September 2007 - Publication
Probity issues in engaging with the public sector
It is an expectation of the public that government will act properly (with probity), and government will ensure that those acting on its behalf will also act properly. The term “probity” may, therefore, be applied as a description of the qualities ...
14 September 2007 - Publication
A receiver’s power to disburse surplus proceeds from the sale of real property
In the decision of Fraser v Australian Securities and Investments Commission, the Full Court of the Federal Court of Australia recently considered a receiver’s power to disburse surplus proceeds from the sale of real property.
14 September 2007 - Publication
Corrs In Brief: Predatory Pricing Prohibtion
Corrs In Brief - Government approves proposal to introduce specific predatory pricing prohibition into the Trade Practices Act
07 September 2007 - Publication
Case Notes Qld June-July 2007
In this issue: Inclusion on heritage register found to be valid, Duplexes disapproved in Port Douglas, Changes to a proposed planning scheme held not significant to individual interests, Development "generally in accordance with" approved plans, ...
07 September 2007 - Publication
Proposed amendments to Consumer Credit Code released
The Ministerial Council on Consumer Affairs has recently placed the spotlight on proposed amendments to the Consumer Credit Code through its release of a consultation draft of the Consumer Credit Code Amendment Bill 2007 (Qld). As a result of ...
06 September 2007 - Publication
Corrs In Brief: Division 250 - Taxation of Infrastructure Financing
The Tax Laws Amendment (2007 Measures No. 5) Bill 2007 was introduced into the House of Representatives on 16 August 2007. If enacted, the Bill will introduce a new Division 250 into the Income Tax Assessment Act 1997 to govern the taxation of ...
31 August 2007 - Publication
Deeds of company arrangement: when will the court set aside a chairperson’s “casting vote” resolution and related DOCA?
The recent case of Deputy Commissioner of Taxation v Wellnora Pty Limited [2007] FCA 1234 examines the court’s discretionary power to set aside a deed of company arrangement (DOCA) under section 600B of the Corporations Act 2001.
24 August 2007 - Publication
Sale by mortgagee in possession - selling a unit development "in one line"
The recent case of Glodale Pty Ltd v Investec Bank (Australia) Ltd [2007] VSC 276 confirms that it may be acceptable for a mortgagee in possession of a unit development to sell the property “in one line”, rather than as individual units.
23 August 2007 - Publication
Third party approvals for projects - different models
The approach to approvals remains one of the most important factors contributing to the efficient delivery of public infrastructure by the State in partnership with the private sector.
21 August 2007 - Publication
Corrs In Brief Full Federal Court decision highlights bullying/harassment and breach of contract risks for employers
On 7 August 2007 the Full Court of the Federal Court of Australia handed down its decision in Nikolich v Goldman Sachs J B Were Services Pty Ltd [2007] FCAFC 120.
20 August 2007 - Publication
IP&T Newsletter Issue 3
17 August 2007 - Publication
Corrs In Brief: Western Australian exposure draft Duties Bill 2007
The Western Australian Government has released an exposure draft Duties Bill 2007 which is intended to rewrite the Stamp Act 1921 (WA).
17 August 2007 - Publication
Extending time for a second creditors’ meeting
The recent decision of Re Chemeq Ltd (Administrators Appointed) (Receivers and Managers Appointed); Ex parte McMaster [2007] WASC 154 confirms that a court may in certain circumstances exercise its discretion to extend the convening period for a ...
10 August 2007 - Publication
Legislative changes to improve the operation of debt agreements
The amendments to the Bankruptcy Act 1966 contained in the Bankruptcy Legislation Amendment (Debt Agreements) Act 2007 are now in operation.
03 August 2007 - Publication
Moneys paid by mistake to the company in liquidation - a warning to liquidators
The recent case of Wambo Coal Pty Ltd v Stuart Karim Ariff & 1 Or [2007] NSWSC 589 deals with two main points of law, namely, the circumstances in which a liquidator will be considered a constructive trustee for moneys paid by mistake to the company ...
01 August 2007 - Publication
Corrs In Brief: GST - Securitisation of Lease Receivables
The Australian Taxation Office (ATO) has stated its view in a recent ATO Interpretative Decision that the assignment of finance lease receivables in a securitisation arrangement constitutes the making of an input taxed financial supply only.
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