Research & Publications - Index

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07 August 2009 - Publication
Merrill Lynch denied leave to bring contribution claim against Lift liquidators
Section 471B of the Corporations Act prevents proceedings against a company being wound up in insolvency or by the court without leave of the court. This provision has recently been considered by the Federal Court in the context of litigation ...

04 August 2009 - Publication
Corrs M&A Newsletter - August 2009

31 July 2009 - Publication
Court reiterates important considerations when determining whether company solvent
In Sutherland (as joint liquidators of Australian Coal Technology) v Hanson Construction Materials Pty Ltd (2009) 254 ALR 650, Barrett J of the Supreme Court of New South Wales was required to determine whether Australian Coal Technology Pty Ltd ...

29 July 2009 - Publication
Sustainable Planning Bill 2009 - Structure and Master Planning
This article forms the fourth part of an eight part series regarding the major changes proposed by the Sustainable Planning Bill 2009 (the Bill). In this part we outline key changes to the structure and master planning process and the application of ...

24 July 2009 - Publication
An administrator’s power to examine directors of a hopelessly insolvent company
In Topp v Imagine Un Limited [2009] NSWSC 661 the New South Wales Supreme Court considered whether examination summonses issued by the administrator of Imagine Un Limited (Company) to directors of the Company pursuant to sections 596A and 596B of ...

17 July 2009 - Publication
Can the appointment of an administrator halt a winding-up application?
This was the question considered by the Court in the recent decision of DCT v WPS Motorsport Pty Limited (2009) 71 ACSR 640, which scrutinised the implications of section 440A(2) of the Corporations Act 2001 (the Act).

16 July 2009 - Publication
Sustainable Planning Bill: Infrastructure Charging (Part 3)
This article forms the third part of an eight part series regarding the major changes proposed by the Sustainable Planning Bill 2009. In this third part we outline the key changes to the infrastructure charging regime.

14 July 2009 - Publication
Corrs In Brief: "...The code is more what you'd call 'guidelines'..."
From 1 August 2009, new Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry will apply to all projects that are the subject of an expression of interest or tender let for the first time on ...

14 July 2009 - Publication
Corrs In Brief: Bank guarantee clauses in "off the plan" sales contracts - held to give rise to purchaser recession right
As a result of the recent Supreme Court of Victoria decision of Everest Project Development Pty Ltd v Mendoza and Others, it is likely that some bank guarantee and deposit bond provisions in "off the plan" contracts for sale are drafted in ...

10 July 2009 - Publication
Undertakings to the court – a serious business
The courts consider the giving of an undertaking to be a very serious matter. The recent NSW Supreme Court decision of Bydand Holdings Pty Limited v Pineland Property Holdings Pty Ltd [2009] NSWSC 584 serves as a useful reminder to any person ...

08 July 2009 - Publication
Corrs In Brief: New decision sheds light on misleading or deceptive and unconscionable conduct
Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682. A recent decision of the Federal Court has added to the growing body of case law on unconscionable conduct in business transactions. The case also shows how ...

06 July 2009 - Publication
Corrs In Brief: Amendments to heritage protection laws in NSW
Significant reforms to the State’s heritage protection and conservation system will commence shortly as the NSW Government attempts to balance the rights of owners and the protection of State heritage.

06 July 2009 - Publication
Corrs In Brief: Extensions to subdivision registration date - held to be unenforceable
As a result of the recent Supreme Court of Victoria decision of Clifford and Bayley v Solid Investments Australia Pty Ltd, it is likely that usual subdivision registration extension clauses in contracts of sale are now unenforceable, particularly ...

03 July 2009 - Publication
Court orders personal insolvency agreement be set aside
The recent decision of For the Good Times Pty Ltd v Boyle [2009] FMCA 512 considered whether the court should set aside a personal insolvency agreement made under Part X of the Bankruptcy Act 1966 (Cth) (Act).

02 July 2009 - Publication
Sustainable Planning Bill 2009 - Assessment of Development and IDAS (Part 2)
This article forms the second part of an eight part series regarding the major changes proposed by the Sustainable Planning Bill 2009. In this second part we outline the key changes to the notification stage and decision stage of IDAS and discuss ...

02 July 2009 - Publication
Taxation of Employee Share Schemes: Government coached to a passing grade
The Assistant Treasurer issued a press release and policy statement on 1 July setting out the “final taxation treatment” of shares and rights acquired under employee share schemes.

02 July 2009 - Publication
Victorian Stamp Duty - a new lease of life!
The recently enacted Duties Amendment Bill 2008 (Bill) introduces a new head of duty on certain Victorian leases and defines and extends the scope of dutiable changes in beneficial ownership.

26 June 2009 - Publication
Determination of unfair preferences
In the recent decision of Williams (as liquidator of Scholz Motor Group P/L (in liq)) v Peters [2009] QCA 180, the Queensland Court of Appeal considered whether a transaction involved an ‘Unfair Preference’ given by a Company to a creditor of the ...

26 June 2009 - Publication
Sustainable Planning Bill 2009 - Assessment of Development and IDAS (Part 1)
On 19 June 2009 the Sustainable Planning Bill 2009 was introduced to Parliament. The Bill will replace the Integrated Planning Act 1997 (IPA) and seeks to improve and streamline Queensland’s planning and development framework.

19 June 2009 - Publication
Competition Corrs Newsletter - June 2009
In this issue: June Legislative Roundup; Creeping Acquisitions – the search for a coherent test; Publishing or promoting? The High Court decision on the scope of the "publisher's defence"; Case note - Emirates v ACCC; CBH port access undertaking ...

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