Research & Publications - Index
628 items found
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28 April 2006 - Publication
Thank God It’s Friday: Proposed reforms to debt agreements under Part IX of the Bankruptcy Act 1966
On 29 March 2006, the Federal Attorney-General, Phillip Ruddock, announced that the Insolvency and Trustee Service of Australia (ITSA) and the Attorney-General’s Department have recommended significant reform to Part IX of the Bankruptcy Act 1966 to ...
21 April 2006 - Publication
Thank God It’s Friday: “Capitulating” parties beware - the burden of costs
In the recent case of Australian Consumer & Competition Commission v Contact Plus Group Pty Ltd [2006] FCA 396, the Federal Court determined the question of costs between the ACCC and Mr Spencer, the sole director of Contact Plus Group Pty Ltd ...
13 April 2006 - Publication
Thank God It’s Friday: Mistakes on bankruptcy notices – what kind of mistakes will invalidate the notice?
The High Court on 4 April 2006 has reconsidered what level of defect will be forgiven as an irregularity in Adams v Lambert [2006] HCA 10, where the Court considered the effect upon the validity of a bankruptcy notice of a misdescription of a ...
12 April 2006 - Publication
Corrs Corporate Advisory: Big MACs and how to use them
"Material adverse event” (MAE) or “material adverse change” (MAC) clauses are common features of acquisition agreements. The two terms are similar but not necessarily interchangeable. “MAE” tends to be used in the Australian context and “MAC” in the ...
07 April 2006 - Publication
Thank God It’s Friday: Fixing an administrator’s remuneration
In Gidley Re Aliance Motor Body Pty Ltd [2006] FCA 102, Justice Gyles of the Federal Court considered whether an administrator’s remuneration could be fixed, by reference to a scale of hourly rates subject to a monetary cap, in advance at a ...
03 April 2006 - Publication
Case Notes QLD January 2006
In this issue: Amendment of Planning Scheme Not Colourable (Woolworths Limited v Townsville City Council & Ors [200] QPEC 120 Planning & Environment Court BD2715 of 2005 Pack DCJ - 15/12/05); Finding of Reasonable Likelihood of Traffic Hazard (KT ...
01 April 2006 - Publication
Corrs Banking and Finance Bulletin:Securitisation – A new risk for trustees in Queensland
At the start of February 2006, new legislation took effect in Queensland. The Land Title Act 1994 (and mirror amendments in the Land Act 1994) now requires that any mortgagee (or mortgage transferee) who takes an interest in land as security must ...
31 March 2006 - Publication
Thank God It's Friday: Lenders beware of “asset lending”
On 20 March 2006 the NSW Court of Appeal delivered its judgment in Perpetual Trustee Company Limited v Khoshaba [2006] NSWCA 41 which highlights the importance for lenders to beware of the risks associated with pure “asset lending,” or lending on ...
29 March 2006 - Publication
Corrs In Brief: Authority Considers Spectrum Allocation Strategies for Wireless Access Services
The Australian Communications and Media Authority (ACMA) has recently released a Spectrum Planning Discussion Paper entitled “Strategies for Wireless Access Services”.
28 March 2006 - Publication
Corrs Corporate Advisory: Better disclosure
One of the cornerstones of Australian securities legislation is that persons responsible for public offerings make complete public disclosure of all relevant matters concerning the offer and that issuers and their key advisers should be accountable ...
24 March 2006 - Publication
Thank God It’s Friday: Transferring mortgagee beware! – Have you done all you must do?
In Home Building Society Ltd v Pourzand [2005] WASCA 242, the Western Australian Court of Appeal considered whether a secured creditor had breached the terms of a deed of priority when it transferred security without ensuring that the transferee ...
21 March 2006 - Publication
Corrs Private Equity: Secondary buy-outs – an anomaly or just the start?
In the UK private equity market the value of secondary buy-outs has continued to increase dramatically.
21 March 2006 - Publication
Insolvency & Reconstruction: "Work It Out" March 2006
In this issue: Interest Rate Determination In Lender’s Discretion - Invalid; Subordination Clause Upheld; Fixed Remuneration of Administrator: Gidley, in the matter of Alliance Motor Body Pty Ltd (subject to Deed of Company Arrangement) [2006] FCA ...
21 March 2006 - Publication
Private Equity Australia March 2006
In this issue: Secondary buy-outs; Corrs PE Promotions; Work Choices; On the Block.
20 March 2006 - Publication
Corrs In Brief: Workplace harassment and bullying - your obligations to protect staff from abuse
On 15 March 2006, the Supreme Court of New South Wales awarded $1.9 million in damages to a former employee suffering psychiatric illness caused by bullying in the workplace.
17 March 2006 - Publication
Corrs Media News: Reform of Media Ownership Restrictions
Earlier this week, the Government unveiled its much anticipated reform proposals to cross-media and foreign ownership restrictions.
17 March 2006 - Publication
FRC Consultation Papers on Electricity and Gas Markets
On 9 March 2006, as part of the Queensland Government’s commitment to implement Full Retail Competition (FRC) for the electricity and gas markets from 1 July 2007, the Energy Competition Committee (ECC) released two consultation papers.
17 March 2006 - Publication
Thank God It’s Friday: Terminating a winding up – solvency does matter
In the recent case of De Groot and Sydney Dive Centre Ltd [2006] FCA 159, the Federal Court heard an application seeking the termination of the winding up of a company.
15 March 2006 - Publication
Corrs Corporate Advisory: Red tape reduction a long, bloody and fruitless quest or a noble adventure?
While it takes 201 less days to start a business in Australia than it does in Haiti, there is a perception that our governments are too quick to go for blunt regulatory fixes, when sometimes there are better alternatives: education or in some cases ...
14 March 2006 - Publication
Corrs In Brief: Amendments to Retail Shop Leases Act (Qld)
The Retail Shop Leases Amendment Act 2006 (“Amending Act”) was finally passed by Queensland Parliament on 16 February 2006 and received royal assent on 22 February 2006. It will commence on a date to be fixed by proclamation.
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