Research & Publications - Index
628 items found
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25 June 2010 - Publication
Can a court order the sale of property owned by a bankrupt?
The recent case of Park v Barclay [2010] FMCA 397 illustrates that a court will not always have the power to order the sale of property that is owned by a bankrupt. The matter will depend on whether the bankrupt owns the property solely in his or ...
19 June 2010 - Publication
Corrs in Brief: Creating Cultural Change: Moving Away from the Adversarial Nature of Litigation
Attorney-General, Robert McClelland, introduced legislation on Wednesday 16 June to improve access to justice by requiring people
to take ‘genuine steps’ to resolve their legal disputes before going to court.
18 June 2010 - Publication
2010 Federal Budget and the Henry Tax Review — the super tinkering continues
18 June 2010 - Publication
A mortgagor’s right to lodge a caveat amidst allegations of bad faith in a mortgagee’s exercise of its power of sale
McCourt v National Australia Bank Ltd [2010] WASC 121 considers a mortgagor’s right to lodge a caveat over property, where there are allegations of bad faith against the mortgagee exercising its power of sale in respect of the property.
18 June 2010 - Publication
The future of financial advice - beyond Ripoll
16 June 2010 - Publication
Corrs in Brief: "Sweeping Reform" to the Franchising Code to Take Effect from 1 July 2010
On 4 June 2010 the Federal Government announced a number of changes to the Franchising Code of Conduct (the Code). The amendments to the Code impose greater obligations on franchisors in terms of the disclosures they are required to make to new and ...
11 June 2010 - Publication
Power of the court to set aside an already performed DOCA
The recent case of QBI Corporation Pty Ltd v Plantation Rise Pty Ltd (administrators appointed) (receivers and managers appointed) [2010] QSC 102 is a good example that the wide ranging powers of the court in relation to a deed of company ...
07 June 2010 - Publication
Corrs in Brief: Creeping Acquisitions, the Merger Test and Unconscionable Conduct - Bill Introduced to Parliament
On 27 May 2010, The Minister for Competition Policy & Consumer Affairs, Dr Emerson, introduced the Competition and Consumer Legislation Amendment Bill 2010 into Parliament to amend Section 50 of the Trade Practices Act. The Bill will amend the ...
07 June 2010 - Publication
Presentation to NAB legal team - Emerging global trends in financial regulation
04 June 2010 - Publication
Statutory demands – Can a winding up application be issued before expiry of the time for compliance?
28 May 2010 - Publication
Nolan revisited – the distinction between a mortgagee’s power of sale and the right to possession
In February this year, we reported on a decision of Mukhtar AsJ of the Victorian Supreme Court. That decision considered the ability of a mortgagee to enforce its rights against a mortgagor’s home, in light of the much commented on case of Nolan v ...
26 May 2010 - Publication
Competition Corrs May 2010
In this issue: Australian Consumer Law – Unfair Terms; Australian Consumer Law – Consumer Protection; Proposed revisions to US Horizontal Merger Guidelines released; Legal Privilege and Cartel Investigations – Who You Gonna Call?; Loose lips sink ...
24 May 2010 - Publication
Corrs in Brief: Land Access and Compensation Reform
This In Brief outlines the significant features of a revised
land access and land compensation regime in respect of
private land to be introduced into all resources legislation in
Queensland (i.e Mineral Resources Act 1989, Greenhouse ...
21 May 2010 - Publication
Removal of insolvency practitioner for inadequate investigations
The recent Federal Court of Australia decision of Independent Cement and Lime Pty Ltd v Brick and Block Co Ltd (in liquidation) (receivers and managers appointed) [2010] FCA 352 is an important reminder of the need for appointed insolvency ...
19 May 2010 - Publication
Corrs in Brief: Australian Board of Taxation Releases Report on Valuation of Awards Under Employee Share Plans
Valuation of shares and rights is one of the
final issues to be resolved in the Government’s
much-debated reform of the tax regime for
employee share schemes. After several
months of deliberation, the Board of Taxation
has released a report on ...
19 May 2010 - Publication
Corrs in Brief: Lapsing of Development Consents: Environmental Planning and Assessment Amendment (Development Consents) Bill 2010 (NSW)
The Environmental Planning and Assessment Amendment (Development Consents) Bill 2010 (NSW) (EPA Bill) was introduced into State Parliament on 22 April 2010 and proposes to amend section 95 of the Environmental Planning and Assessment Act 1979 (NSW) ...
14 May 2010 - Publication
Corrs in Brief: ASIC Civil Penalty Proceedings Against Fortescue Metals Group and Andrew Forrest Fail
Justice Gilmour delivered his judgment in ASIC v Fortescue
Metals Group Ltd (FMG) (No 5) 1 on 23 December 2009, finding
wholly in favour of FMG and Andrew Forrest. The decision is
under appeal by ASIC.
The proceedings concerned a series of ASX ...
14 May 2010 - Publication
HIH litigation funding scheme
The 2001 collapse of the HIH group of companies was one of Australia’s largest insolvency events and had wide ranging ramifications. The fallout has continued, with major litigation commenced by the liquidators of 41 of the HIH group companies in ...
13 May 2010 - Publication
Corrs In Brief: Review of the State Environmental Planning Policy (Infrastructure) 2007 – Discussion Paper March 2010
The State Environmental Planning Policy (Infrastructure) 2007 commenced on 1 January 2008 with the primary objective of supporting the delivery of infrastructure projects in NSW by introducing consistent and updated planning provisions while ...
12 May 2010 - Publication
Corrs In Brief: 2010 Federal Budget - Superannuation, Managed Funds & The Johnson Report
Despite the references to a “no-frills” budget with a focus on fiscal responsibility, there are many aspects of the Budget which impact on the financial services industry.
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