Research & Publications - Index
628 items found
< Prev | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 | Next >
18 December 2009 - Publication
Guarantors right of subrogation after making payments towards a debt
The High Court recently in Bofinger v Kingsway Group Limited [2009] HCA 44 found that a guarantor’s right of subrogation arising from payment under the guarantee took priority over the rights of subsequent mortgagees. This finding overturns the ...
11 December 2009 - Publication
Challenging bankruptcy notices – when can the court go behind the judgment?
Generally, when challenging a bankruptcy notice, it is said that a court cannot go behind the judgment that gives rise to the subject debt. However, the recent Federal Court case of Boglari v Coadys [2009] FCA 1398 is a reminder that a court may go ...
04 December 2009 - Publication
Describing the debt in a statutory demand
The recent Supreme Court of New South Wales decision of Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 1257 is a timely reminder of the importance of describing the debt in a statutory demand. The debtor must be able to assess the basis on ...
27 November 2009 - Publication
High Court considers the validity of NSW Criminal Assets Recovery Act
In a decision published earlier this month the High Court, in International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49, held that section 10 of the Criminal Assets Recovery Act 1990 (NSW) (the Act) is invalid.
25 November 2009 - Publication
Regulatory Update: the Ripoll Inquiry into financial products and services
The Report into financial services and products by the Parliamentary Joint Committee on Corporations and Financial Services has been tabled in Parliament with a total of 11 recommendations.
20 November 2009 - Publication
Can a company in liquidation use its assets to pay the costs of winding up managed investment schemes of which it is the responsible entity?
Rubicon Asset Management Limited (RAML) was the responsible entity for five managed investment schemes. Each of those five schemes required winding up.
Under normal circumstances, the responsible entity would bear the costs of the winding up ...
19 November 2009 - Publication
Sustainable Planning Bill 2009 - Transitional Issues and summary of changes under the Sustainable Planning Act 2009
This article forms the seventh part in the series and outlines some of the important sections of the Sustainable Planning Act 2009 (SPA) that will come into force upon its commencement in December 2009, upon the repeal of the Integrated Planning Act ...
13 November 2009 - Publication
Consent of trustee in bankruptcy required in order to seek positive relief, but not to raise a defence
The Victorian Supreme Court recently in Tulip Investments Pty Ltd v Edwards [2009] VSC 492 held that a bankrupt cannot take action to protect, enhance or add to the property that is controlled by his/her trustee in bankruptcy, without the consent of ...
09 November 2009 - Publication
Corrs In Brief: National consumer credit protection legislation passed through the Senate
On 26 October 2009 the federal government’s consumer credit reforms were passed by the Senate.
09 November 2009 - Publication
Private Equity Australia Newsletter - November 2009
06 November 2009 - Publication
Court asked to consider whether time of the essence in respect of payments under deed of settlement
The NSW Court of Appeal recently in Meares Nominees Pty Ltd v Permanent Custodians Ltd [2009] NSWCA 235 decided that the due date by which payments were to be made under a deed of settlement were crucial in respect of the operation of the deed.
05 November 2009 - Publication
Conference paper by Corrs CEO John Denton: International competitiveness – productivity, jobs and standards of living
Conference paper presented by Corrs CEO John Denton at the Economic & Social Outlook Conference at the University of Melbourne.
30 October 2009 - Publication
Litigation funding setback
23 October 2009 - Publication
When will a Court extend time for lodging ASIC Notices?
The recent Supreme Court of New South Wales decision of Re Brookfield Multiplex Capital Management Limited [2009] NSWSC 1014 is a timely reminder of the importance to register charges and variations to charges with ASIC within the prescribed period.
16 October 2009 - Publication
Margin lending disclosure regime takes shape
The Commonwealth Government has proposed a suit of reforms for margin lending. The first tranche of these reforms involves amendments to the Corporations Regulations 2001 (Cth) to prescribe a specific disclosure regime.
15 October 2009 - Publication
Corrs In Brief: Commonwealth Government Responds to ALRC Privacy Report
The Commonwealth Government yesterday released the first stage of its response to the report issued by the Australian Law Reform Commission (ALRC) in August 2008 on the protection of privacy in Australia. The response clearly signals the ...
15 October 2009 - Publication
Corrs In Brief: Federal Consumer Credit Reforms to Proceed
The Federal Government has announced a number of enhancements to the National Consumer Credit Protection reform package following the Senate Economics Legislation Committee’s report on the proposed reforms.
09 October 2009 - Publication
Court considers application by trustee for order that prior payments by bankrupt are void
08 October 2009 - Publication
Higher Ed - Queensland Tertiary Sector Update
2009 has seen a raft of legislative changes and court decisions holding significant implications for the Queensland tertiary sector. In this newsletter, we discuss some of those changes and how universities and other higher education institutions ...
02 October 2009 - Publication
How can a mortgagee realise its security when there is no mortgagor?
Under section 133 of the Bankruptcy Act 1966, a trustee in bankruptcy can disclaim any part of the property of the bankrupt if it is burdened with onerous covenants or is unsaleable or not readily saleable. The result, in the case of bankrupts ...
< Prev | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 | Next >
