Research & Publications - Index
628 items found
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08 May 2009 - Publication
Corrs In Brief: Executive remuneration - Bill to curb executive golden handshakes
To restrict current rules on termination payments – currently executives can receive payouts up to seven times their total annual remuneration without seeking shareholder approval.
08 May 2009 - Publication
Corrs In Brief: Moving in new directions – the new legislative regime for margin loans, trustee companies and debentures
The Government has issued the Corporations Legislation Amendment (Financial Services Modernisation) Bill 2009 for public consultation until 29 May 2009.
08 May 2009 - Publication
Is the appointment of a voluntary administrator a “change in ultimate control”?
In Burbank Trading Pty Ltd v Allmere Pty Ltd [2009] VSCA 82, the Victorian Court of Appeal considered the question of whether the appointment of a voluntary administrator to a company constitutes a “change in ultimate control” of that company.
07 May 2009 - Publication
Corrs In Brief: Commissioner Kenner's review of the Mines Safety and Inspection Act 1994 (WA)
The WA Government has indicated its intent to get serious on mine safety, with the fast tracking of the Kenner Report1. Delivered eight months ahead of time as a result of a number of mine site accidents in WA, Commissioner Kenner’s report into mine ...
05 May 2009 - Publication
Corrs In Brief: national OHS harmonisation update
In April 2008, the Federal Government commissioned a national OHS review as a key element of the national OHS harmonisation project. The advisory panel has now published its First and Second Reports.
04 May 2009 - Publication
IceTV wins High Court appeal against Nine Network
IceTV, a provider of electronic program guides for personal video recorders, has won its appeal to the High Court against the Nine Network.
01 May 2009 - Publication
Can a liquidator obtain litigation funding and incur costs where there are minimal returns?
On appeal by the liquidator, the NSW Court of Appeal in Hall v Poolman [2009] NSWCA 64 has recently reversed many aspects of Palmer J’s original decision in Hall v Poolman [2007] NSWSC 1330.
01 May 2009 - Publication
Corrs In Brief: James Hardie decision - Impact on general counsel
Justice Ian Gzell’s decision in the NSW Supreme Court in ASIC v Macdonald (No 11) demonstrates how Courts will look at the role of general counsel and the way they conduct their “day to day” activities.
01 May 2009 - Publication
Corrs In Brief: NSW land tax and land valuation objection rights
The economic downturn has had a general negative impact on NSW land values. Notices of Assessment for land tax purposes and Notices of Valuation, for rating purposes may not reflect this trend. This update provides a refresher on your rights of ...
01 May 2009 - Publication
Corrs In Brief: the "publisher's defence" - the High Court supplies its understanding
On 30 April 2009, the High Court of Australia handed down its decision in Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Ltd. 1 The issue for the High Court was whether Seven, which had engaged in misleading and ...
30 April 2009 - Publication
Corrs In Brief: Come together - the national consumer credit regime
The National Consumer Credit Protection Bill 2009 has been released for public consultation until 22 May 2009.
30 April 2009 - Publication
Corrs In Brief: No deduction for retirement village developer
The purchaser of land for the development of a retirement village claimed upfront deductions for the purchase price relying on an Australian Taxation Office (ATO) ruling. The ATO withdrew the ruling and disallowed most of the deductions claimed.
30 April 2009 - Publication
Corrs In Brief: Security of payment - substance prevails over form - Hickory Developments v Schiavello [2009] VSC 156
In line with other states, payment claims and adjudication applications made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (Act) are becoming more prevalent in Victoria. However, until recently, there was very ...
29 April 2009 - Publication
Corrs In Brief: the Wilcox Report - creating a toothless tiger?
Earlier this month, the Deputy Prime Minister released the report of the Honourable Murray Wilcox QC, Transition to Fair Work Australia for the Building and Construction Industry (Report). It is anticipated that the Report will form the basis of the ...
24 April 2009 - Publication
Is production of a document, or denial of an allegation, a waiver of privilege?
Can a person, simply: by producing a document in respect of an issue; or by denying an allegation about an issue, waive legal professional privilege in respect of that issue? An answer is provided by the recent Victorian Supreme Court case of ...
17 April 2009 - Publication
Are insolvency practitioners personally liable for GST on post-appointment transactions?
In the case of Deputy Commissioner of Taxation v PM Developments Pty Ltd [2008] FCA 1886, the Federal Court held that a liquidator was not personally liable for GST in respect of the sale of a residential unit pursuant to a contract entered into ...
09 April 2009 - Publication
Corrs In Brief: Broadband for everyone - a 21st century network
The Commonwealth Government stunned industry and consumers this week by announcing that it, and not the bidders in the recent RFP process, will build the nation’s high-speed broadband network.
Not only that, but the network will truly be a 21st ...
09 April 2009 - Publication
Voluntary administrators’ liens – priority over a secured creditor’s charge
The recent Western Australian Court of Appeal decision in Coad v Wellness Pursuit Pty Ltd [2009] WASCA 68 considered whether a voluntary administrator’s claim for remuneration could be given priority over a secured creditor’s claim.
03 April 2009 - Publication
Freezing orders – the need for sufficient evidence of risk to assets
A freezing order (which is similar to a Mareva injunction) is an order from a court purporting to restrain a person from disposing of, dealing with, or diminishing the value of, certain assets.
27 March 2009 - Publication
Can a bankruptcy notice be served on the debtor’s solicitor?
In the recent decision of Macquarie Leasing Pty Ltd v Phrakhoungheaung [2009] FMCA 167 the Federal Magistrates Court considered whether a bankruptcy notice had been properly served on a debtor.
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