Publications

Corrs produce a range of publications to keep you informed on legal developments that may affect your business, industry and environment. Our lawyers are dedicated to sharing their breadth of knowledge and draw from diverse experiences to deliver content that is timely and targeted.

Liquidator’s examinations: gaining access to an affidavit in support

18th May 2012

Under section 596B of the Corporations Act 2001 (Cth) (*Act*), liquidators and other eligible applicants can apply to the Court for orders to examine certain persons in connection with the affairs of a corporation.  Under section 596C, the affidavit in support is not available for inspection unless a court otherwise orders.

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M&A Year in Review 2011

15th May 2012

The Corrs M&A Year in Review is an analysis of 61 schemes and takeover bids involving an Australian target, which is around 85% of the announced deals in 2011.

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Choice Constructions Pty Ltd v Janceski [No 3] [2011] WASC 358

11th May 2012

Unconscionable conduct – a reminder

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ASIC secures High Court victory against James Hardie directors

4th May 2012

Yesterday the High Court of Australia delivered its decision on an appeal brought by the Australian Securities and Investment Commission (*ASIC*) against 7 former non-executive directors (*Directors*) and the company secretary and general counsel (*Mr* *Shafron*) of James Hardie Industries Ltd (*JHIL*).  The High Court allowed the appeal and held that the primary judge was correct in finding that the Directors and Mr Shafron breached their duties to JHIL in approving a misleading ASX announcement.

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NRL v Optus: Full Court says, "Don’t stream, it’s over."

30th April 2012

The Full Court unanimous decision in NRL v Optus, which upheld the football leagues’ appeal and held that Optus, the provider of a cloud-based TV recording service, was liable for copyright infringement by the provision of its service.

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Appointment of provisional liquidators – the need for an imminent threat to assets

27th April 2012

On 7 December 2011, the Supreme Court of New South Wales (*Court*) delivered its decision in In the matter of Nugisi Pty Ltd [2011] NSWSC 1512, clarifying the circumstances in which courts will allow the appointment of a provisional liquidator.

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Opening the .floodgates

27th April 2012

In 2008, ICANN decided it would allow the registration of new generic top level domains. The application window for new gTLDs closed on 12 April 2012 with 839 applicants having applied for likely more than 1000 gTLDs.

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The trouble with break fees

27th April 2012

For many years there have been concerns that the payment of a break fee by the target company could be construed as unlawful financial assistance.

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Google more than a ‘mere conduit’: ACCC v Google Inc

20th April 2012

On 3 April 2012, the Full Federal Court unanimously held that Google engaged in misleading or deceptive conduct. In doing so, the court overturned Nicholas J’s trial decision which found that Google had merely communicated representations made by the

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