Research & Publications - Index
395 items found
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03 September 2010 - Publication
Octaviar – The Queensland Court of Appeal’s decision affirmed in the High Court
27 August 2010 - Publication
To pay or not to pay – the remuneration of court appointed receivers
20 August 2010 - Publication
Effects of termination of a Deed of Arrangement on the claim on a Director’s Policy of Insurance.
17 August 2010 - Publication
Corrs In Brief: New dividend rules
13 August 2010 - Publication
Bounced cheques lead to successful action for defamation before the High Court
Last week, the High Court handed down its judgment in Aktas v Westpac Banking Corporation Ltd [2010] HCA 25. By a 3 to 2 majority, the Court found that the Westpac Banking Corporation (Bank) could not rely on qualified privilege as a defence to a ...
06 August 2010 - Publication
Insolvent trading and the presumption of insolvency
30 July 2010 - Publication
Court approval of administrators’ funding
16 July 2010 - Publication
Can a public examination be conducted in respect of a company no longer under external administration?
The recent case of Ariff v Fong [2010] NSWSC 696 considered whether a public examination could be ordered in respect of companies previously in a form of external administration.
09 July 2010 - Publication
Interpretation of corporate constitutions – preference shareholders and voting rights
The recent Federal Court of Australia decision of HNA Irish Nominee Ltd v Kinghorn [2010] FCA 311 is a reminder of the importance of the wording of company constitutions and the power of the court to interpret constitutions and determine the rights ...
07 July 2010 - Publication
Corrs In Brief: Victoria takes ADR to the next level
Following steps undertaken by the Commonwealth Attorney-General on 16 June 2010 toward alternative dispute resolution in civil proceedings within the Federal Court and Federal Magistrates Court, Victorian Attorney-General Rob Hulls has taken things ...
02 July 2010 - Publication
Corrs In Brief: Australian International Arbitration Reform
In an ongoing effort to overhaul the Australian International Arbitration framework, the government has announced significant amendments to the International Arbitration Act 1974 which have passed both Houses of Parliament and will soon enter into ...
02 July 2010 - Publication
The doctrine of ultimate effect: rents and royalties
In the recent case of McKern & Ors v The Minister administering the Mining Act 1978 (WA) [ 2010] VSCA 140, the Victorian Court of Appeal was asked to consider whether the doctrine of ultimate effect continued to apply and, if it did, whether it ...
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
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
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 ...
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 ...
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 ...
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