http://www.corrs.com.au/publications/ Publications from www.corrs.com.au http://www.corrs.com.au/publications/m-and-a-alerts/m-and-a-year-in-review-2011/ 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. Tue, 15 May 2012 11:42:24 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/m-and-a-year-in-review-2011/ http://www.corrs.com.au/publications/tgif/choice-constructions-pty-ltd-v-janceski-no-3-2011-wasc-358/ Unconscionable conduct – a reminder Fri, 11 May 2012 15:57:43 +1000 http://www.corrs.com.au/publications/tgif/choice-constructions-pty-ltd-v-janceski-no-3-2011-wasc-358/ http://www.corrs.com.au/publications/tgif/asic-secures-high-court-victory-against-james-hardie-directors/ 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. Fri, 04 May 2012 15:12:29 +1000 http://www.corrs.com.au/publications/tgif/asic-secures-high-court-victory-against-james-hardie-directors/ http://www.corrs.com.au/publications/ip-watch/nrl-optus-full-court-dont-stream-its-over/ 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. Mon, 30 Apr 2012 13:08:05 +1000 http://www.corrs.com.au/publications/ip-watch/nrl-optus-full-court-dont-stream-its-over/ http://www.corrs.com.au/publications/tgif/appointment-of-provisional-liquidators-the-need-for-an-imminent-threat-to-assets/ 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. Fri, 27 Apr 2012 14:01:44 +1000 http://www.corrs.com.au/publications/tgif/appointment-of-provisional-liquidators-the-need-for-an-imminent-threat-to-assets/ http://www.corrs.com.au/publications/ip-watch/opening-the-floodgates/ 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. Fri, 27 Apr 2012 14:28:10 +1000 http://www.corrs.com.au/publications/ip-watch/opening-the-floodgates/ http://www.corrs.com.au/publications/m-and-a-alerts/the-trouble-with-break-fees/ 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. Fri, 27 Apr 2012 14:00:02 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/the-trouble-with-break-fees/ http://www.corrs.com.au/publications/ip-watch/google-more-than-a-mere-conduit-accc-v-google-inc/ 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 Fri, 20 Apr 2012 12:26:21 +1000 http://www.corrs.com.au/publications/ip-watch/google-more-than-a-mere-conduit-accc-v-google-inc/ http://www.corrs.com.au/publications/ip-watch/roadshow-films-v-iinet/ Summary Fri, 20 Apr 2012 12:56:06 +1000 http://www.corrs.com.au/publications/ip-watch/roadshow-films-v-iinet/ http://www.corrs.com.au/publications/tgif/public-examinations-conducted-by-receivers-constitutionally-valid/ The recent case of Saraceni v Jones [2012] WASCA 59 has examined whether a court has the power under the Constitution to order public examinations pursuant to ss 596A and 597 of the Corporations Act 2001 (Cth) (*Act*) where a corporation is in receivership and/or its property is in the possession of a mortgagee. Fri, 20 Apr 2012 14:42:46 +1000 http://www.corrs.com.au/publications/tgif/public-examinations-conducted-by-receivers-constitutionally-valid/ http://www.corrs.com.au/publications/ip-watch/so-australia-has-raised-the-bar-in-ip-what-do-i-need-to-know/ The recently enacted Intellectual Property Laws Amendment (Raising the Bar) Act 2012 makes significant changes to Australia’s patent, trade mark and copyright laws which affect patentees and brand owners. Thu, 19 Apr 2012 17:18:10 +1000 http://www.corrs.com.au/publications/ip-watch/so-australia-has-raised-the-bar-in-ip-what-do-i-need-to-know/ http://www.corrs.com.au/publications/leadership-speeches/thinking-about-the-asian-century/ This speech was delivered by Partner & CEO John W.H. Denton at the Eaber Saber Public Forum on "Thinking about the Asian Century", held at the Australian National University (ANU) on 18 April 2012. Tue, 24 Apr 2012 16:25:34 +1000 http://www.corrs.com.au/publications/leadership-speeches/thinking-about-the-asian-century/ http://www.corrs.com.au/publications/tgif/liquidators-and-litigation-funders-the-production-and-confidentiality-of-documents/ On 3 February 2012, the Federal Court of Australia delivered its decision in the case of ABC Learning Centres Limited (ABC), in the matter of ABC Learning Centres Limited; application by Walker (No.11) [2012] FCA 40 in relation to the production of documents by a banking syndicate to liquidators and a litigation funder pursuant to public examinations. Fri, 13 Apr 2012 11:51:52 +1000 http://www.corrs.com.au/publications/tgif/liquidators-and-litigation-funders-the-production-and-confidentiality-of-documents/ http://www.corrs.com.au/publications/tgif/valuing-debts-for-the-purposes-of-creditors-voting-powers/ “I’ve never ever, in my entire business life, seen anything at this rate....My staff have done the calculation and they believe [the interest was] at the rate of 142 percent per annum”. Thu, 05 Apr 2012 14:50:10 +1000 http://www.corrs.com.au/publications/tgif/valuing-debts-for-the-purposes-of-creditors-voting-powers/ http://www.corrs.com.au/publications/corrs-in-depth/fair-work-act-review-and-key-developments-in-enterprise-bargaining/ In this paper, we provide an update on the progress of the Fair Work Act Review and a round-up of some significant recent decisions dealing with enterprise bargaining and protected industrial action. Wed, 04 Apr 2012 14:23:31 +1000 http://www.corrs.com.au/publications/corrs-in-depth/fair-work-act-review-and-key-developments-in-enterprise-bargaining/ http://www.corrs.com.au/publications/tgif/unfair-preference-transactions-and-payments-ato/ The Federal Court's decision in Kassem and Secatore v Commissioner of Taxation [2012] FCA 152 clarifying when payments made to the Commissioner of Taxation in the six months prior to the winding up of the company will be unfair preferences. Fri, 30 Mar 2012 15:23:58 +1100 http://www.corrs.com.au/publications/tgif/unfair-preference-transactions-and-payments-ato/ http://www.corrs.com.au/publications/m-and-a-alerts/truth-in-takeovers-policy-more-honoured-in-the-breach-than-observance/ An appeal Panel has declined to commence proceedings in relation to separate appeals brought by FLSmidth and Weir of the decision in Ludowici Limited [2012] ATP 3. Wed, 28 Mar 2012 17:44:16 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/truth-in-takeovers-policy-more-honoured-in-the-breach-than-observance/ http://www.corrs.com.au/publications/ip-watch/royalty-cap-remains-ppca-v-cth/ The Austalian High Court yesterday upheld the constitutional validity of the fixed cap on compulsory licence fees payable by radio broadcasters to copyright owners under the Copyright Act 1968 (Cth). Tue, 17 Apr 2012 16:28:20 +1000 http://www.corrs.com.au/publications/ip-watch/royalty-cap-remains-ppca-v-cth/ http://www.corrs.com.au/publications/tgif/how-are-employee-entitlements-to-be-paid-when-receivers-and-liquidators-are-appointed-concurrently/ On 22 February 2012, the WA Supreme Court handed down its decision in Re Great Southern Ltd (Receivers and Managers Appointed) (in liq); Ex parte Thackray [2012] WASC 59. Fri, 23 Mar 2012 15:00:52 +1100 http://www.corrs.com.au/publications/tgif/how-are-employee-entitlements-to-be-paid-when-receivers-and-liquidators-are-appointed-concurrently/ http://www.corrs.com.au/publications/ip-watch/no-use-but-revasc-trade-mark-remains-registered-in-the-face-of-attack/ Where there are significant delays in bringing a product to market, a trade mark registration is vulnerable to a non-use attack. Tue, 17 Apr 2012 16:21:46 +1000 http://www.corrs.com.au/publications/ip-watch/no-use-but-revasc-trade-mark-remains-registered-in-the-face-of-attack/ http://www.corrs.com.au/publications/tgif/the-impact-of-bankruptcy-on-proceedings-commenced-by-a-person-in-his-or-her-capacity-as-trustee/ On 2 February 2012, the Western Australian Supreme Court gave its decision in Duckworth (as trustee for the Ocean Farm Trust) v Water Corporation [2012] WASC 30. The question the Court was asked to consider was whether s 60(2) of the Bankruptcy Act 1966 (Cth) (*Act*)* *operated to stay civil proceedings commenced by a person in their capacity as trustee in circumstances where that person had become bankrupt after the proceedings had been instituted. Fri, 16 Mar 2012 14:45:29 +1100 http://www.corrs.com.au/publications/tgif/the-impact-of-bankruptcy-on-proceedings-commenced-by-a-person-in-his-or-her-capacity-as-trustee/ http://www.corrs.com.au/publications/tgif/the-high-court-cautions-against-refinancing-a-farm-debt-following-a-farm-debt-mediation/ Last week, the High Court shed some useful light on the meaning of “farm mortgage” under the Farm Debt Mediation Act 1994 (NSW) (*Act*) in its decision of Waller v Hargraves Secured Investments Ltd [2012] HCA 4.  Fri, 09 Mar 2012 14:06:37 +1100 http://www.corrs.com.au/publications/tgif/the-high-court-cautions-against-refinancing-a-farm-debt-following-a-farm-debt-mediation/ http://www.corrs.com.au/publications/tgif/the-european-court-of-justice-adds-to-the-global-debate-on-isp-liability-for-illegal-downloading/ Late last year the European Court of Justice (*ECJ*) delivered its eagerly awaited decision in Scarlet Extended SA v SABAM[1]. It ruled that a Belgian court’s injunction, requiring an Internet Service Provider (*ISP*) to install monitoring and filtering systems aimed at preventing the illegal downloading of files, was contrary to EU legislation – namely, the European Directive on Electronic Commerce (*the Directive*)[2].    Fri, 02 Mar 2012 15:05:09 +1100 http://www.corrs.com.au/publications/tgif/the-european-court-of-justice-adds-to-the-global-debate-on-isp-liability-for-illegal-downloading/ http://www.corrs.com.au/publications/m-and-a-alerts/show-me-the-money-price-trumps-policy-again/ The decision in Ludowici (although perhaps unsurprising) has left the market in an even greater state of uncertainty. Is it time to change the policy? Wed, 29 Feb 2012 17:07:38 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/show-me-the-money-price-trumps-policy-again/ http://www.corrs.com.au/publications/tgif/liquidators-power-to-disclaim-onerous-property/ For the first time in Australia, the Court determines whether a liquidator is able to disclaim a contract, where the subject of that contract is the conferral of an interest in land. Fri, 24 Feb 2012 14:46:39 +1100 http://www.corrs.com.au/publications/tgif/liquidators-power-to-disclaim-onerous-property/ http://www.corrs.com.au/publications/ip-watch/ppca-v-commercial-radio-australia-simulcasting-via-the-internet/ Phonographic Performance Company of Australia Ltd v Commercial Radio Australia Ltd [2012] FCA 93 was a significant case which challenged the right of commercial radio broadcasters to “simulcast” PPCA’s sound recordings via the Internet at the same ti Tue, 17 Apr 2012 16:11:57 +1000 http://www.corrs.com.au/publications/ip-watch/ppca-v-commercial-radio-australia-simulcasting-via-the-internet/ http://www.corrs.com.au/publications/tgif/priority-of-floating-charge-over-a-third-party-guarantee/ In the recent decision of Bank of Western Australia v National Australia Bank Ltd [2011] QSC 379, the Supreme Court of Queensland considered whether a fixed and floating charge over assets took priority when those assets had been used to guarantee a third party loan from a different lender. Fri, 17 Feb 2012 14:14:18 +1100 http://www.corrs.com.au/publications/tgif/priority-of-floating-charge-over-a-third-party-guarantee/ http://www.corrs.com.au/publications/ip-watch/optus-nrl-a-silver-lining-for-cloud-based-services/ The Federal Court's decision in Singtel Optus v National Rugby League Investments (No 2) held that Optus, the provider of a cloud-based TV recording service, did not infringe the copyright in TV broadcasts recorded on that service. Tue, 21 Feb 2012 16:38:24 +1100 http://www.corrs.com.au/publications/ip-watch/optus-nrl-a-silver-lining-for-cloud-based-services/ http://www.corrs.com.au/publications/corrs-in-depth/doing-business-in-australia/ Australia is an exceptional place in which to do business. Find out how we can help you develop your business in Australia. Thu, 22 Dec 2011 12:15:34 +1100 http://www.corrs.com.au/publications/corrs-in-depth/doing-business-in-australia/ http://www.corrs.com.au/publications/other/ECM-asx-listing-rule-amendments-proposed-good-fame-character-requirement-directors/ In late September 2011, ASX announced its intention to amend the Listing Rules to require a company seeking an ASX listing to show that its directors and proposed directors are of good fame and character. Thu, 22 Dec 2011 11:23:16 +1100 http://www.corrs.com.au/publications/other/ECM-asx-listing-rule-amendments-proposed-good-fame-character-requirement-directors/ http://www.corrs.com.au/publications/other/ECM-asx-listing-rule-amendments-new-good-fame-character-requirement-foreign-directors/ From 1 January 2012, companies seeking a new listing will be required to provide the ASX with criminal and bankruptcy checks to satisfy the ASX’s proposed “good fame and character” requirement. Thu, 22 Dec 2011 11:36:20 +1100 http://www.corrs.com.au/publications/other/ECM-asx-listing-rule-amendments-new-good-fame-character-requirement-foreign-directors/ http://www.corrs.com.au/publications/tgif/unfair-contracts/ In the recent unreported decision of Fast Fix Loans Pty Ltd v Samardzic [2011] NSWCA 260, the New South Wales Court of Appeal upheld a determination made under the Contracts Review Act 1980 (NSW) (*CRA*), that a deed of loan and mortgage were unjust and unenforceable. Fri, 16 Dec 2011 14:48:43 +1100 http://www.corrs.com.au/publications/tgif/unfair-contracts/ http://www.corrs.com.au/publications/other/mtas-more-things-change-more-they-stay-same-but-lower/ On 8 December 2011, the ACCC issued its final access determination in relation to MTAS pricing, reducing the regulated price further from 6 to 3.6cpm over the period to 30 June 2014. Thu, 15 Dec 2011 15:27:40 +1100 http://www.corrs.com.au/publications/other/mtas-more-things-change-more-they-stay-same-but-lower/ http://www.corrs.com.au/publications/corrs-in-brief/loaded-hourly-rates-including-annual-leave-payments-allowed-in-enterprise-agreements/ A Fair Work Australia Full Bench majority has held that a clause in an enterprise agreement that paid employees a loaded rate inclusive of payments for annual leave is valid, and does not constitute cashing out of annual leave under the NES. Fri, 09 Dec 2011 10:44:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/loaded-hourly-rates-including-annual-leave-payments-allowed-in-enterprise-agreements/ http://www.corrs.com.au/publications/tgif/liquidation-when-to-terminate/ In the case of Stolar Joinery (Aust) Pty Ltd v Charterarm Investments Pty Ltd (in liq) [2011] VSC 577 the Supreme Court of Victoria considered the issue of when a liquidation may be terminated. Fri, 09 Dec 2011 14:34:26 +1100 http://www.corrs.com.au/publications/tgif/liquidation-when-to-terminate/ http://www.corrs.com.au/publications/other/case-note-huntlee-and-minister-for-planning-infrastructure-sweetwater-action-group/ This decision by the Court of Appeal has important implications for parties to voluntary planning agreements. Fri, 09 Dec 2011 14:06:47 +1100 http://www.corrs.com.au/publications/other/case-note-huntlee-and-minister-for-planning-infrastructure-sweetwater-action-group/ http://www.corrs.com.au/publications/ip-watch/new-requirements-warranties-against-defects/ From 1 January 2012, new regulations under the Australian Consumer Law come into effect on warranties against defects. Warranties that do not comply with the new requirements could lead to penalties of up to $50,000. Tue, 06 Dec 2011 16:34:40 +1100 http://www.corrs.com.au/publications/ip-watch/new-requirements-warranties-against-defects/ http://www.corrs.com.au/publications/tgif/bankrupt-here-and-bankrupt-there-cross-border-insolvency/ For the first time in Australia the Court considers whether a sequestration order should be made against a debtor already under insolvency administration in another jurisdiction. Fri, 02 Dec 2011 15:05:04 +1100 http://www.corrs.com.au/publications/tgif/bankrupt-here-and-bankrupt-there-cross-border-insolvency/ http://www.corrs.com.au/publications/corrs-in-brief/metcash-franklins-merger-full-court-accc-appeal-unresolved/ The recent decision handed down in relation to the ACCC’s attempt to block the acquisition of Franklins by Metcash. The decision was expected to clarify some fundamental principles of merger analysis, but has left several unanswered questions. Fri, 02 Dec 2011 15:17:42 +1100 http://www.corrs.com.au/publications/corrs-in-brief/metcash-franklins-merger-full-court-accc-appeal-unresolved/ http://www.corrs.com.au/publications/corrs-in-depth/investing-in-the-australian-mining-industry/ Australia is a country with vast mineral wealth; a stable political, legal and economic environment; a highly skilled and productive workforce; and a welcoming attitude to foreign investment - making it a favourite destination for foreign investors. Thu, 01 Mar 2012 09:57:28 +1100 http://www.corrs.com.au/publications/corrs-in-depth/investing-in-the-australian-mining-industry/ http://www.corrs.com.au/publications/corrs-in-brief/one-month-out-harmonisation-when/ 1 January 2012, the proposed commencement date for nationally harmonised work health and safety laws, is fast approaching. Are you ready? Wed, 30 Nov 2011 17:58:55 +1100 http://www.corrs.com.au/publications/corrs-in-brief/one-month-out-harmonisation-when/ http://www.corrs.com.au/publications/ip-watch/victory-samsung-tablet-device-patent-dispute-apple/ The Australian Full Court has overturned the decision of the Federal Court and held that Samsung should not be prevented from selling the Galaxy Tab 10.1 in Australia pending a full hearing of its patent infringement dispute with Apple. Fri, 02 Dec 2011 16:03:48 +1100 http://www.corrs.com.au/publications/ip-watch/victory-samsung-tablet-device-patent-dispute-apple/ http://www.corrs.com.au/publications/corrs-in-brief/copyright-implications-cloud-computing-services/ In the week before Christmas this year, the Federal Court will hear a case, which will have implications on cloud computing services is Australia. Fri, 02 Dec 2011 14:56:19 +1100 http://www.corrs.com.au/publications/corrs-in-brief/copyright-implications-cloud-computing-services/ http://www.corrs.com.au/publications/leadership-speeches/australias-china-challenge/ Australia can have first class infrastructure and industries - but we may need to rely on Chinese capital and skilled labour. Are we ready to do so? Mon, 05 Dec 2011 11:24:42 +1100 http://www.corrs.com.au/publications/leadership-speeches/australias-china-challenge/ http://www.corrs.com.au/publications/corrs-in-brief/new-regulator-proposed-road-transport-industry/ The RSR Bill 2011 was introduced into federal Parliament earlier this week and is intended to address underlying economic factors that the federal Government considers encourage unsafe practices in the Australian road transport industry. Fri, 25 Nov 2011 12:35:17 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-regulator-proposed-road-transport-industry/ http://www.corrs.com.au/publications/tgif/substituted-service-creditors-demand-foreign-company/ In the recent decision of TPG Newbridge Myer Ltd v The Deputy Commissioner of Taxation [2011] FCA 1157, the Federal Court of Australia considered the process of serving demands on foreign debtors under Part 5.7 of the Corporations Act 2001 (Cth) (*Act*). Fri, 25 Nov 2011 14:46:37 +1100 http://www.corrs.com.au/publications/tgif/substituted-service-creditors-demand-foreign-company/ http://www.corrs.com.au/publications/corrs-in-brief/creeping-acquisitions-price-signalling-amendments-passed/ In its last two sitting days for 2011, the Senate has passed two key bills which amend the Competition and Consumer Act 2010 (Act). Fri, 25 Nov 2011 13:09:46 +1100 http://www.corrs.com.au/publications/corrs-in-brief/creeping-acquisitions-price-signalling-amendments-passed/ http://www.corrs.com.au/publications/leadership-speeches/investment-trans-pacific-partnership-negotiations/ Foreign investment flows have become increasingly important in underpinning international commerce particularly in Australia where foreign capital accounts for half of Australia's total capital stock. Wed, 23 Nov 2011 15:26:23 +1100 http://www.corrs.com.au/publications/leadership-speeches/investment-trans-pacific-partnership-negotiations/ http://www.corrs.com.au/publications/leadership-speeches/is-australia-managing/ How has the Global Financial Crisis impacted our nation and what is the outlook for Australia’s trade and competitiveness? Wed, 23 Nov 2011 15:18:42 +1100 http://www.corrs.com.au/publications/leadership-speeches/is-australia-managing/ http://www.corrs.com.au/publications/tgif/landlord-s-right-to-recover-property-from-a-company/ In the decision of Re Colorado Group Limited [2011] VSC 552, the Supreme Court of Victoria considered the circumstances in which a landlord might be granted leave under section 440C of the Corporations Act 2001 (*Act*) to recover possession of a property from a company in administration. Fri, 18 Nov 2011 15:43:17 +1100 http://www.corrs.com.au/publications/tgif/landlord-s-right-to-recover-property-from-a-company/ http://www.corrs.com.au/publications/leadership-speeches/australias-trade-investment-performance-asia/ Australia’s future trade and investment performance in Asia will underpin our future economic prospects. There continue to be important opportunities for Australian trade and investment in Asia. But we also face many challenges. Fri, 02 Dec 2011 09:53:17 +1100 http://www.corrs.com.au/publications/leadership-speeches/australias-trade-investment-performance-asia/ http://www.corrs.com.au/publications/corrs-in-brief/technip-decision/ A Fair Work Australia Full Bench has recently reinforced the limitations around individuals seeking to act as bargaining representatives and clarified when a union official will be regarded as acting in a private capacity or representing a union. Mon, 14 Nov 2011 11:22:48 +1100 http://www.corrs.com.au/publications/corrs-in-brief/technip-decision/ http://www.corrs.com.au/publications/tgif/d-and-o-policies-and-litigation-defence-costs-under-threat/ In the recent decision of Steigrad v Bridgecorp Limited [2011] NZHC 1037 (*Bridgecorp*) the High Court of New Zealand held that an insured person could be prevented from accessing funds pursuant to an insurance policy to conduct their defence, because of the operation of a “statutory charge” over the proceeds of the policy. Fri, 11 Nov 2011 12:26:59 +1100 http://www.corrs.com.au/publications/tgif/d-and-o-policies-and-litigation-defence-costs-under-threat/ http://www.corrs.com.au/publications/corrs-in-brief/six-key-lessons-employers-qantas-dispute/ As the dust settles following the dramatic events of last weekend, some clear lessons for employers have emerged from the many months of disputation over enterprise agreement negotiations at Qantas. Fri, 04 Nov 2011 12:30:31 +1100 http://www.corrs.com.au/publications/corrs-in-brief/six-key-lessons-employers-qantas-dispute/ http://www.corrs.com.au/publications/corrs-in-brief/streamlining-exploration-development-approval-processes/ DEEDI recently held an information session on the restructuring of exploration and development approval processes. This is aimed at streamlining current approval processes in order to make them more efficient and simplified. Fri, 04 Nov 2011 14:27:22 +1100 http://www.corrs.com.au/publications/corrs-in-brief/streamlining-exploration-development-approval-processes/ http://www.corrs.com.au/publications/tgif/statutory-demands-set-aside-for-some-other-reason/ In the recent decision of Radiomio Pty Ltd v Kendell; SISS Business Systems Limited v Kendell [2011] VSC 511 the Victorian Supreme Court considered when a statutory demand will be set aside for ‘some other reason’. Fri, 04 Nov 2011 15:26:24 +1100 http://www.corrs.com.au/publications/tgif/statutory-demands-set-aside-for-some-other-reason/ http://www.corrs.com.au/publications/m-and-a-alerts/deal-protection-2011-wrap-up/ 2011 is drawing to a close. If anecdotal evidence is anything to go by, the first half of the year was a hotbed of mergers and acquisition activity, but the second half of the year was plagued by false starts and uncertainty due to market volatility. Thu, 29 Mar 2012 11:40:25 +1100 http://www.corrs.com.au/publications/m-and-a-alerts/deal-protection-2011-wrap-up/ http://www.corrs.com.au/publications/corrs-in-brief/has-the-tide-turned-for-fortescue/ Last Friday, Pilbara Infrastructure Pty Ltd was granted special leave by the High Court to appeal a decision of the Federal Court which had seemingly put paid to its hopes of securing access to key railway lines in the Pilbara region. Thu, 03 Nov 2011 10:58:15 +1100 http://www.corrs.com.au/publications/corrs-in-brief/has-the-tide-turned-for-fortescue/ http://www.corrs.com.au/publications/corrs-in-brief/mysuper-bill-introduced-parliament-tax-concession-low-income-earners/ The Government today introduced the Superannuation Legislation Amendment (MySuper Core Provisions) Bill 2011 into Federal Parliament. Thu, 03 Nov 2011 11:24:19 +1100 http://www.corrs.com.au/publications/corrs-in-brief/mysuper-bill-introduced-parliament-tax-concession-low-income-earners/ http://www.corrs.com.au/publications/corrs-in-brief/when-is-everything-a-fixture/ Six out of eight States and Territories already have expanded their duty base to a “landholder” model for dealings in shares in companies and units in unit trusts. From 1 July 2012, this will extend to seven out of the eight duty jurisdictions. Thu, 03 Nov 2011 11:59:32 +1100 http://www.corrs.com.au/publications/corrs-in-brief/when-is-everything-a-fixture/ http://www.corrs.com.au/publications/corrs-in-brief/government-introduces-bill-increase-sg-12/ The Government has today introduced the Superannuation Guarantee (Administration) Amendment Bill 2011 into the Federal Parliament. The Bill delivers on the Government’s commitment to increase the superannuation guarantee rate from 9% to 12%. Wed, 02 Nov 2011 09:36:15 +1100 http://www.corrs.com.au/publications/corrs-in-brief/government-introduces-bill-increase-sg-12/ http://www.corrs.com.au/publications/tgif/commencing-proceedings-against-liquidator/ In the recent decision of Armitage v Gainsborough Properties Pty Ltd & Anor [2011] VASC 419 (31 August 2011) the Supreme Court of Victoria considered whether leave from the Court was required to bring a claim against a liquidator. Fri, 28 Oct 2011 15:33:23 +1100 http://www.corrs.com.au/publications/tgif/commencing-proceedings-against-liquidator/ http://www.corrs.com.au/publications/corrs-in-brief/infrastructure-preserving-value-early-stage-tax-losses/ As part of the 2011 Federal Budget, the Treasurer announced a proposal to introduce new incentives to encourage investment in “designated infrastructure projects”. Fri, 28 Oct 2011 15:39:48 +1100 http://www.corrs.com.au/publications/corrs-in-brief/infrastructure-preserving-value-early-stage-tax-losses/ http://www.corrs.com.au/publications/tgif/preference-payments-considering-the-surrounding-circumstances/ In the case of Chicago Boot Co Pty Ltd v Davis & McIntosh as Joint & Several Liquidators of Harris Scarfe Ltd [2011] SASCFC 92, the liquidator of the Harris Scarfe Group (*HS*) sought to set aside a series of payments made by the company to Chicago Boot Co Pty Ltd (*CB*) on the basis that they were voidable preference payments pursuant to s588FA of the Corporations Act 2001 (Cth).  The main issue on appeal was whether CB had established the good faith defence under s588FG(2) of the Corporations Act 2001 (Cth), in particular, whether CB suspected HS was insolvent at the time that the payments were made. Fri, 21 Oct 2011 15:30:42 +1100 http://www.corrs.com.au/publications/tgif/preference-payments-considering-the-surrounding-circumstances/ http://www.corrs.com.au/publications/corrs-in-brief/asx-jorc-invite-comments-disclosure-rules-listed-resources-companies/ ASX is seeking comments by 27 January 2012 on proposed new disclosure rules for mining and oil & gas companies. JORC is seeking comments by 16 December 2011 on proposed changes to the 2004 JORC Code. Thu, 20 Oct 2011 15:44:16 +1100 http://www.corrs.com.au/publications/corrs-in-brief/asx-jorc-invite-comments-disclosure-rules-listed-resources-companies/ http://www.corrs.com.au/publications/tgif/when-should-receivership-terminated/ In the decision of Goldana Investments Pty Ltd (Receivers & Managers appointed) v National Mutual Life Nominees Ltd & Ors [2011] NSWSC 1134, the Supreme Court of New South Wales considered when a receivership should be terminated. Fri, 14 Oct 2011 23:32:26 +1100 http://www.corrs.com.au/publications/tgif/when-should-receivership-terminated/ http://www.corrs.com.au/publications/corrs-in-brief/prudential-standards-for-superannuation/ This In Brief summarises the intended operation of APRA’s standards-making power and some of the more important issues that APRA proposes become the subject of a prudential standard. Sat, 15 Oct 2011 02:28:38 +1100 http://www.corrs.com.au/publications/corrs-in-brief/prudential-standards-for-superannuation/ http://www.corrs.com.au/publications/corrs-in-brief/convergence-regulatory-framework-could-be-turned-on-head/ The Federal Government’s “Convergence Review” is attracting high levels of interest from the communications and media industries in Australia, due in no small part, to the potential for the existing regulatory framework to be “turned on its head”. Thu, 13 Oct 2011 22:59:09 +1100 http://www.corrs.com.au/publications/corrs-in-brief/convergence-regulatory-framework-could-be-turned-on-head/ http://www.corrs.com.au/publications/corrs-in-brief/new-national-business-names-register-2012/ The proposed scheme removes the administrative burdens and costs associated with the current system. Apart from this core change, businesses’ obligations under the new national legislation will largely reflect existing obligations under State and Ter Tue, 11 Oct 2011 14:15:23 +1100 http://www.corrs.com.au/publications/corrs-in-brief/new-national-business-names-register-2012/ http://www.corrs.com.au/publications/corrs-in-brief/further-reforms-nsw-political-donations-laws/ On 12 September 2011, NSW Premier Barry O’Farrell introduced the Election Funding, Expenditure and Disclosures Amendment Bill 2011 (Bill) which, if made, would amend the principal Act to tighten political funding laws and “close the loopholes”. Mon, 10 Oct 2011 12:06:14 +1100 http://www.corrs.com.au/publications/corrs-in-brief/further-reforms-nsw-political-donations-laws/ http://www.corrs.com.au/publications/corrs-in-brief/fibre-ready-new-mandatory-requirements-construction-development-projects/ On 27 September 2011, the Telecommunications Legislation Amendment (Fibre Deployment) Act 2011(Cth) came into effect. The Act provides the legislative framework to support the Government’s objective of connecting 93% of Australian premises to fibre. Mon, 10 Oct 2011 15:16:45 +1100 http://www.corrs.com.au/publications/corrs-in-brief/fibre-ready-new-mandatory-requirements-construction-development-projects/ http://www.corrs.com.au/publications/tgif/winding-up-application-valid-despite-defects-in-service/ The recent decision of the New South Wales Supreme Court in the matter of Industrial Installation and Access Systems Pty Limited [2011] NSWSC 1032 held that there was a valid winding up application under s 459P of the Corporations Act 2001 (Cth) (*Act*) despite there being no effective service of the originating process. Fri, 07 Oct 2011 15:32:01 +1100 http://www.corrs.com.au/publications/tgif/winding-up-application-valid-despite-defects-in-service/ http://www.corrs.com.au/publications/tgif/receivers-and-legal-professional-privilege/ In the recent decision of Carey v Korda & Winterbottom [No 2] [2011] WASC 220 the Supreme Court of Western Australia considered whether receivers were entitled to assert legal professional privilege over documents as against a director of the companies to which they were appointed. Fri, 30 Sep 2011 14:36:51 +1000 http://www.corrs.com.au/publications/tgif/receivers-and-legal-professional-privilege/ http://www.corrs.com.au/publications/corrs-in-brief/core-framework-mysuper-released/ The government has released draft legislation and an explanatory memorandum setting out the core framework for MySuper products. Fri, 30 Sep 2011 16:53:34 +1000 http://www.corrs.com.au/publications/corrs-in-brief/core-framework-mysuper-released/ http://www.corrs.com.au/publications/corrs-in-brief/personal-property-securities-act-2009-impact-real-property-transactions/ The focus of our previous publications has been the impact of the Personal Property Securities Act 2009 (Cth) (the Act) on banking and finance, insolvency and construction law where the impact will be more immediate. The focus of this note is on the Mon, 26 Sep 2011 13:46:35 +1000 http://www.corrs.com.au/publications/corrs-in-brief/personal-property-securities-act-2009-impact-real-property-transactions/ http://www.corrs.com.au/publications/tgif/mortgagees-failure-register-charge-within-time-guarantors-obligations/ In the decision of Commonwealth Bank of Australia v Anand [2011] NSWSC 613, the Supreme Court of New South Wales considered whether a mortgagee’s failure to register a charge within time, thereby rendering the charge void, would impact on a guaranto Fri, 23 Sep 2011 12:19:13 +1000 http://www.corrs.com.au/publications/tgif/mortgagees-failure-register-charge-within-time-guarantors-obligations/ http://www.corrs.com.au/publications/corrs-in-brief/new-discrimination-laws-victoria/ On 1 August 2011, the Equal Opportunity Act 2010 (Vic) (New Act) commenced operation. The New Act replaced the previous Equal Opportunity 1995 (Vic) (Old Act), and introduced a number of significant changes to discrimination law in Victoria. Thu, 22 Sep 2011 12:38:38 +1000 http://www.corrs.com.au/publications/corrs-in-brief/new-discrimination-laws-victoria/ http://www.corrs.com.au/publications/corrs-in-brief/patent-law-reform-update-raising-bar-bill/ Reforms to Australia’s patent laws are included in the Raising the Bar Bill recently introduced into Federal Parliament. If implemented, the reforms will be significant. Wed, 21 Sep 2011 17:36:54 +1000 http://www.corrs.com.au/publications/corrs-in-brief/patent-law-reform-update-raising-bar-bill/ http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-reforms-announced/ The Government has announced the key design aspects of the Government’s Stronger Super reforms together with the outcomes of the consultation process led by Paul Costello, Chair of the Peak Consultative Group. Wed, 21 Sep 2011 17:18:12 +1000 http://www.corrs.com.au/publications/corrs-in-brief/stronger-super-reforms-announced/ http://www.corrs.com.au/publications/corrs-in-brief/metcash-update-accc-injunction-rejected/ The Federal Court has rejected the ACCC’s application for an injunction to restrain Metcash from undertaking the proposed acquisition of Franklins. As a result the acquisition is now likely to proceed and be completed by the end of this month. Tue, 20 Sep 2011 18:03:32 +1000 http://www.corrs.com.au/publications/corrs-in-brief/metcash-update-accc-injunction-rejected/ http://www.corrs.com.au/publications/tgif/voidable-transactions-importance-evidence/ The recent case of Roufeil v Gliderol International Pty Ltd [2011] FCA 847 addresses voidable transactions within the meaning of s 588FE(2) of the Corporations Act 2001 (Cth) (Act) and considers the element of insolvency and defences available. Fri, 16 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/voidable-transactions-importance-evidence/ http://www.corrs.com.au/publications/corrs-in-brief/in-brief-metcash-update-accc-injunction-hangs-balance/ Yesterday (15 September 2011) , the ACCC sought to restrain Metcash from undertaking the proposed acquisition of Franklins until further order. Justice Jacobson (one of the Federal Court’s judges in its specialist Competition docket) reserved judgme Fri, 16 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/in-brief-metcash-update-accc-injunction-hangs-balance/ http://www.corrs.com.au/publications/tgif/statutory-demands-and-defects-in-affidavits/ In the recent decision of CCH Workflow Solutions Pty Ltd v E Discovery Australia Pty Ltd [2011] FCA 994 the Federal Court considered whether the presumption of insolvency due to non-compliance with a statutory demand arose where the affidavit accompanying the statutory demand in question was witnessed by a person who was not a registered Justice of the Peace. Fri, 09 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/statutory-demands-and-defects-in-affidavits/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-cumberlong-holding-pty-ltd-v-dalcross-properties-pty-ltd-2011-hca-27/ In a recent decision, the High Court allowed an appeal from the NSW Court of Appeal regarding the operation of section 28 of the Environmental Planning and Assessment Act 1979 (NSW) (*EPA Act*). Wed, 07 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-cumberlong-holding-pty-ltd-v-dalcross-properties-pty-ltd-2011-hca-27/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sop-claims-and-liquidated-damages-no-right-to-set-off-2/ In a judgment with implications for all companies engaged in construction contracting in Victoria, the Victorian Supreme Court has declared that liquidated damages cannot be set-off against, or deducted from, payment claims made under the Victorian Building and Construction Industry Security of Payment Act 2002 (Vic). Mon, 05 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sop-claims-and-liquidated-damages-no-right-to-set-off-2/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-google-acquisition-of-motorola-mobility-holdings/ On 15 August 2011, Google Inc (*Google*) announced that it had entered into an agreement with Motorola Mobility Holdings Inc (*Motorola Mobility*) under which it would acquire Motorola Mobility for US$40.00 per share in cash, or a total of about US$12.5 billion (the Transaction).1 Fri, 02 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-google-acquisition-of-motorola-mobility-holdings/ http://www.corrs.com.au/publications/tgif/statutory-demands-and-offsetting-claims/ In the recent decision of Australian Cinemas Pty Ltd v Australian Executor Trustees Ltd [2011] FCA 927 the Federal Court considered whether a statutory demand could be varied due to an offsetting claim against the creditor. Fri, 02 Sep 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/statutory-demands-and-offsetting-claims/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-accc-metcash-decision-what-it-means-in-mergers/ Australian Competition and Consumer Commission v Metcash Trading Limited and Pick n Pay Retailers (Pty) Limited [2011] FCA 967 Mon, 29 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-accc-metcash-decision-what-it-means-in-mergers/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-first-tranche-of-fofa-released/ PART OF THE WAIT IS OVER Mon, 29 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-first-tranche-of-fofa-released/ http://www.corrs.com.au/publications/tgif/can-liquidators-enter-into-funding-agreements/ In the decision of Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2011] FCAFC 89, the Federal Court of Australia considered the powers of liquidators under the Corporations Act 2001 (Cth) (*Act*) to enter into and perform their obligations under funding agreements. Fri, 26 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/can-liquidators-enter-into-funding-agreements/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-metcash-defeats-accc/ Justice Emmett of the Federal Court today handed down his decision in the ACCC proceedings against Metcash Thu, 25 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-metcash-defeats-accc/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-strategic-cropping-land-implications/ In 2010 the Queensland Government introduced a policy framework for preserving strategic cropping land (SCL), defined as the State’s best agricultural land resources with features that make it highly suitable for crop production. Tue, 23 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-strategic-cropping-land-implications/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-restriction-exploration-mining/ On 16 August 2011, Queensland Premier Anna Bligh announced an interim restriction on the grant of new exploration permits for coal or other materials within Restricted Area 384 (RA 384) under the Mineral Resources Act 1989 (Qld) (MRA), effective imme Tue, 23 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-restriction-exploration-mining/ http://www.corrs.com.au/publications/tgif/uncommercial-transactions-not-all-about-undervaluation/ In the recent case of The Old Kiama Wharf Company Pty Ltd (in liquidation) v Betohuwisa Investments Pty Limited & Anor [2011] NSWSC 823, the liquidator of The Old Kiama Wharf Company Pty Ltd (*OKW*) sought to set aside a transaction between OKW and Betohuwisa Investments Pty Limited (*Betohuwisa*) on the basis that it was uncommercial under s 588FB(1) of the Corporations Act 2001 (Cth). Fri, 19 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/uncommercial-transactions-not-all-about-undervaluation/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-price-signalling-information-disclosure-prohibitions/ The proposed Competition and Consumer Amendment Bill (No. 1) 2011 (Bill) sets out the Federal Government’s price signalling policy which has, among other things, the purpose of preventing “banks from engaging in anticompetitive price signalling that Tue, 16 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-price-signalling-information-disclosure-prohibitions/ http://www.corrs.com.au/publications/tgif/extensions-of-time-limits-for-scheduling-creditors-meetings/ In the recent Federal Court case of Duncan, in the matter of Megafert Pty Ltd (Administrators Appointed) [2011] FCA 785  the administrators sought to extend the time within which to hold a second meeting of creditors on the basis that further investigations were necessary before an accurate report about the company could be provided.  Fri, 12 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/extensions-of-time-limits-for-scheduling-creditors-meetings/ http://www.corrs.com.au/publications/ip-watch/ip-rights-under-fire-as-tobacco-plain-packaging-legislation-is-passed-by-the-australian-federal-parliament/ On 21 November 2011, the Australian Parliament passed the Tobacco Plain Packaging Act 2011, which requires plain packaging of all cigarettes and other tobacco products sold in Australia after 1 December 2012. Fri, 02 Dec 2011 15:57:25 +1100 http://www.corrs.com.au/publications/ip-watch/ip-rights-under-fire-as-tobacco-plain-packaging-legislation-is-passed-by-the-australian-federal-parliament/ http://www.corrs.com.au/publications/ip-watch/iinet-high-court-special-leave-application-granted/ The High Court of Australia (French CJ and Crennan J) has granted the applicant film companies special leave to appeal from the Full Court of the Federal Court’s decision in Roadshow Films v iiNet [2011] FCAFC 23. Wed, 23 Nov 2011 17:37:16 +1100 http://www.corrs.com.au/publications/ip-watch/iinet-high-court-special-leave-application-granted/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-harmonisation-ohs-laws/ Through the Council of Australian Governments, the Commonwealth and all State and Territory Governments agreed to introduce national model workplace health and safety laws by 31 December 2011. Tue, 09 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-harmonisation-ohs-laws/ http://www.corrs.com.au/publications/other/ecm-newsletter-august-edition/ This issue of the ECM covers equity funding for acquisitions, related party transactions, strategic placements, and recent ASIC developments. Mon, 07 Nov 2011 14:41:39 +1100 http://www.corrs.com.au/publications/other/ecm-newsletter-august-edition/ http://www.corrs.com.au/publications/ip-watch/copy-products-plunged-into-hot-water/ The Full Federal Court has sounded a warning to manufacturers and distributors of products that closely resemble the shape and features of a well-known product. Wed, 23 Nov 2011 17:34:58 +1100 http://www.corrs.com.au/publications/ip-watch/copy-products-plunged-into-hot-water/ http://www.corrs.com.au/publications/tgif/bare-trustees-entitlement-indemnified-trust-property/ Last week, we reported on the powers of bare trustees in a winding up.[http://www.corrs.com.au/thinking/publications/limited-powers-of-a-bare-trustee-to-deal-with-trust-assets/] This week, we report on the recent case of Bruton Holdings Pty Limited (In Liq) v Commissioner of Taxation [2011) FCAFC 79 in which the Full Federal Court considered whether a bare trustee was entitled to indemnification out of trust property for the costs of undertaking litigation in order to protect the trust property. Fri, 05 Aug 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/bare-trustees-entitlement-indemnified-trust-property/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-federal-court-rejects-coverage-of-agreement/ CFMEU v Pilbara Iron Company (Services) Pty Ltd [2011] FCAFC 91 Fri, 29 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-federal-court-rejects-coverage-of-agreement/ http://www.corrs.com.au/publications/tgif/limited-powers-of-a-bare-trustee-to-deal-with-trust-assets/ In the recent case of Caterpillar Financial Australia Ltd v Ovens Nominees Pty Ltd [2011] FCA 677, the Federal Court of Australia considered the law relating to the duties, powers and rights of a bare trustee in a winding up. Fri, 29 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/limited-powers-of-a-bare-trustee-to-deal-with-trust-assets/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-repeal-of-part-3a-and-new-regime-for-state-significant-infrastructure-and-development/ On 27 June 2011, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (*the Act*) received assent. When it commences, the Act will repeal the controversial Part 3A of the Environment Planning and Assessment Act 1979 (*the original Act*) and establish a new regime for development previously falling within Part 3A. Wed, 27 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-repeal-of-part-3a-and-new-regime-for-state-significant-infrastructure-and-development/ http://www.corrs.com.au/publications/tgif/administrators-application-to-the-court-for-directions/ In the case of Killer, in the Matter of North Coast Panels Pty Ltd (Administrators Appointed) [2011] FCA 776, administrators successfully sought directions from the Court pursuant to s 447D of the Corporations Act 2001 (Cth) (*Act*) confirming their decision to enter into a contract for the sale of North Coast Panels Pty Ltd (*Company*). Fri, 22 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/administrators-application-to-the-court-for-directions/ http://www.corrs.com.au/publications/tgif/pitfalls-for-lenders-when-taking-personal-guarantees-from-spouses/ The recent decision of the Queensland Court of Appeal in Agripay Pty Ltd v Byrne [2011] QCA 85 is a timely reminder to lenders when taking a personal guarantee from a borrower’s spouse to ensure that the nature and effect of the guarantee and the risks involved are explained to the guarantor. Fri, 15 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/pitfalls-for-lenders-when-taking-personal-guarantees-from-spouses/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-national-harmonisation-of-work-health-and-safety-laws-fact-or-fiction/ To date, five jurisdictions have introduced legislation based on the Model Work Health and Safety Bill (Model Bill) and it is not clear that the prospect of nationally consistent work health and safety (WHS) laws will be achieved. Thu, 14 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-national-harmonisation-of-work-health-and-safety-laws-fact-or-fiction/ http://www.corrs.com.au/publications/tgif/the-centro-properties-decision-and-directors-duties-in-relation-to-accounts/ The facts – mistakes in the accounts Wed, 13 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-centro-properties-decision-and-directors-duties-in-relation-to-accounts/ http://www.corrs.com.au/publications/tgif/developer-update-changes-to-laws-affecting-off-the-plan-contracts/ We reported last year that the Victorian Parliament was considering proposed changes to the Sale of Land Act 1962 (Vic.) (*Sale of Land Act*) concerning off-the-plan contracts of sale as part of a second phase of reforms flowing from the Consumer Affairs Legislation Modernisation project. The Consumer Affairs Legislation Amendment (Reform) Act 2010 (Vic) (*Act*) received royal assent on 28 September 2010, and the majority of the proposed changes will soon be law. Tue, 12 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/developer-update-changes-to-laws-affecting-off-the-plan-contracts/ http://www.corrs.com.au/publications/tgif/the-power-of-a-liquidator-to-assign-rights-of-a-company/ In the recent case of Owners of Strata Plan 5290 v CGS & Co Pty Ltd [2011] NSWCA 168, the NSW Court of Appeal considered whether s 477(2)(c) of the Corporations Act 2001 (Cth) (the Act) empowers liquidators to assign a right of a company to a third party in circumstances where that right would otherwise be unassignable. Fri, 08 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-power-of-a-liquidator-to-assign-rights-of-a-company/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-coming-to-an-industry-near-you-price-signalling-amendments-one-step-closer/ The Federal House of Representatives today approved the Competition and Consumer Amendment Bill (No. 1) 2011 (the Bill), further progressing the Government’s plan to put into effect prohibitions on price signalling and information sharing between com Thu, 07 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-coming-to-an-industry-near-you-price-signalling-amendments-one-step-closer/ http://www.corrs.com.au/publications/tgif/director-denied-access-to-documents-of-company-in-receivership/ In the recent case of Oswal v Burrup Holdings Limited [2011] FCA 609, a director of a company in receivership was denied access to documents relating to the potential or actual sale of assets or shares of the company, some of which were available to the director by other means. The director’s application for access was made pursuant to both the Corporations Act 2001 (Cth) (*Act*) and the common law. Fri, 01 Jul 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/director-denied-access-to-documents-of-company-in-receivership/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-infrastructure-nsw-bill-2011/ The Infrastructure NSW Bill 2011 (NSW) (the Bill) was introduced into the Legislative Assembly and received its second reading speech on 26 May 2011. The objective of the Bill is to establish a new government agency, "Infrastructure NSW", to centralise and coordinate planning for "major infrastructure projects" in NSW. Tue, 14 Jun 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-infrastructure-nsw-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-transitional-arrangements-released-for-part-3a-projects/ In the wake of the NSW Liberal/National Party’s election and its promise to repeal Part 3A, the Government has released transitional provisions for Part 3A developments, including the removal from Part 3A of future residential, commercial or retail projects and coastal subdivisions with a capital investment of more than $100 million. Sun, 29 May 2011 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-transitional-arrangements-released-for-part-3a-projects/ http://www.corrs.com.au/publications/ip-watch/amazon-s-1-click-patent-survives-telstra-s-opposition/ A recent Australian Patent Office decision highlights the importance of establishing the common general knowledge at the priority date. Wed, 23 Nov 2011 17:33:09 +1100 http://www.corrs.com.au/publications/ip-watch/amazon-s-1-click-patent-survives-telstra-s-opposition/ http://www.corrs.com.au/publications/tgif/application-for-declarations-recognising-a-foreign-courts-orders-/ In the recent case of Re Chow Cho Poon (Private) Ltd [2011] NSWSC 300, the Supreme Court of NSW made ex parte declarations recognising the orders of the High Court of the Republic of Singapore and authorising a foreign liquidator to deal with certain property of the company located in Australia to extent he was permitted to do so by the law of Singapore. Fri, 06 May 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/application-for-declarations-recognising-a-foreign-courts-orders-/ http://www.corrs.com.au/publications/leadership-speeches/sustainable-investment-in-least-developing-nations/ When focusing on issues that are important to least developed nations, economic growth and a reduction in poverty should be the highest priority. Sun, 01 May 2011 00:00:00 +1000 http://www.corrs.com.au/publications/leadership-speeches/sustainable-investment-in-least-developing-nations/ http://www.corrs.com.au/publications/tgif/nolan-revisited-the-mortgagees-power-of-sale-against-the-mortgagors-home-clarified/ In 2010, we reported on Perpetual Trustee Ltd v Baranov [2010] VSC 18, which was distinguished both at first instance and on appeal from Nolan v MBF Investments Pty Ltd [2009] VSC 244. In Nolan, MBF Investments appealed the decision of Vickery J. Fri, 29 Apr 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/nolan-revisited-the-mortgagees-power-of-sale-against-the-mortgagors-home-clarified/ http://www.corrs.com.au/publications/tgif/state-environmental-planning-policy-urban-renewal-2010/ On 15 December 2010, the State Environmental Planning Policy (Urban Renewal) 2010 (Urban Renewal SEPP) commenced. The Urban Renewal SEPP plays an important role in implementing the Metropolitan Plan for Sydney 2036, which will require 70% of population growth in existing areas, necessitating the renewal of existing urban areas. Thu, 28 Apr 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/state-environmental-planning-policy-urban-renewal-2010/ http://www.corrs.com.au/publications/tgif/removal-of-caveat-lodged-by-registered-proprietor-to-prevent-exercise-of-mortgagees-power-of-sale-/ The recent case of Capital Finance Australia Limited v Bayblu Holding Pty Ltd & JNW Investments Pty Ltd [2011] NSWSC 24 discusses the discretionary considerations relevant to removing a caveat lodged by the owner of the land in an attempt to prevent a mortgagee from exercising its power of sale. Thu, 21 Apr 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/removal-of-caveat-lodged-by-registered-proprietor-to-prevent-exercise-of-mortgagees-power-of-sale-/ http://www.corrs.com.au/publications/tgif/appointment-of-administrators-by-secured-creditors-and-directors-and-the-subsequent-application-of-s-447a/ The recent case Re Australian Property Custodian Holdings Ltd (Administrators Appointed) (Receivers and Managers appointed) [2010] VSC 492 provides clarification as to the appointment of administrators by secured creditors under s 436C of the Corporations Act 2001 (*Act*) and the application of s 447A of the Act to validate a defective appointment of an administrator. Fri, 15 Apr 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/appointment-of-administrators-by-secured-creditors-and-directors-and-the-subsequent-application-of-s-447a/ http://www.corrs.com.au/publications/m-and-a-alerts/national-interest-test-australian-foreign-investment-laws/ The national interest test has always been an opaque standard. The test was intended to reflect a changed bias towards foreign investment but it has been the subject of substantial criticism. Wed, 21 Sep 2011 11:58:32 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/national-interest-test-australian-foreign-investment-laws/ http://www.corrs.com.au/publications/tgif/the-ramifications-of-a-defect-in-a-statutory-demand/ In the recent case of Sustainable Organics (Wooshaway) Pty Ltd v Ranger Loaders Pty Ltd [2011] QSC 45, the Supreme Court of Queensland confirmed that a defect in a statutory demand does not necessarily prevent the a creditor from relying on the demand to issue a winding up application. Rather the defect must have caused substantial injustice, or an abuse of process, in order for the demand to be ineffective. Fri, 08 Apr 2011 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-ramifications-of-a-defect-in-a-statutory-demand/ http://www.corrs.com.au/publications/ip-watch/monitoring-employees-computers-how-far-is-too-far/ To what extent can employers record and monitor the use by employees of computers and other resources belonging to the employer, when used for personal purposes, outside the work environment and outside of work hours? Wed, 23 Nov 2011 17:30:48 +1100 http://www.corrs.com.au/publications/ip-watch/monitoring-employees-computers-how-far-is-too-far/ http://www.corrs.com.au/publications/ip-watch/cautionary-note-composers-musical-works/ A Federal Court decision has demonstrated that infringement of copyright in a musical work may be established despite the fact that the resemblance between two iconic works has gone unrecognised for more than 20 years. Wed, 23 Nov 2011 17:29:09 +1100 http://www.corrs.com.au/publications/ip-watch/cautionary-note-composers-musical-works/ http://www.corrs.com.au/publications/tgif/default-notices-substantive-rather-than-formal-compliance/ The recent case of Perpetual Trustees Victoria Limited v Monas [2011] NSWSC 57 confirms that a default notice served by a creditor under section 80 of the then applicable Consumer Credit Code (the *CCC*) is valid as long as the notice substantively complies with the requirements of section 80. This was despite strict compliance arguably not having been achieved. Fri, 01 Apr 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/default-notices-substantive-rather-than-formal-compliance/ http://www.corrs.com.au/publications/tgif/stronger-super-a-new-dawn-for-trustee-governance/ Michael Chaaya, Partner and member of the Corrs Financial Services Industry Division Leadership Team, was invited to submit a paper to the Australian Institute of Superannuation Trustee’s inaugural Research Hub. The Research Hub featured as part of the Conference of Major Super Funds between 28 and 30 March 2011. Tue, 29 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/stronger-super-a-new-dawn-for-trustee-governance/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-national-consumer-credit-protection-amendment-home-loans-and-credit-cards-bill-2011/ The National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Bill 2011 was introduced on 24 March 2011 into Federal Parliament by the Treasurer. Tue, 29 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-national-consumer-credit-protection-amendment-home-loans-and-credit-cards-bill-2011/ http://www.corrs.com.au/publications/tgif/problematic-to-presume-issues-with-reliance-on-the-statutory-presumption-of-insolvency/ In the recent case of Fisher v Divine Homes Pty Ltd; Allen v Harb [2011] NSWSC 8, a liquidator was unable to rely on the presumption of insolvency in 588E(4) of the Corporations Act 2001 (Cth) (the *Act*) and ultimately fail to make out a voidable transaction claim Fri, 25 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/problematic-to-presume-issues-with-reliance-on-the-statutory-presumption-of-insolvency/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling/ The Government has today taken the next step towards its goal of prohibiting price signalling in specific industries, by introducing the Competition and Consumer Amendment Bill (No 1) 2011. The Bill takes into account some of the criticism levelled at the exposure draft bill (Exposure Draft) published in December last year, but many areas of concern remain. Thu, 24 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling/ http://www.corrs.com.au/publications/tgif/unsuccessful-application-by-independent-creditors-to-set-aside-doca-passed-by-related-creditors/ On 4 March 2011, the Federal Court gave judgement in the case of Mediterranean Olives Financial Pty Ltd v Loaders Traders Pty Ltd (No 2) [2011] FCA 178. Fri, 18 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/unsuccessful-application-by-independent-creditors-to-set-aside-doca-passed-by-related-creditors/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-carbon-price-mechanism/ On 24 February 2011, Prime Minister Julia Gillard announced that the Multi-Party Climate Change Committee (MPCCC) had agreed on a broad framework for a proposed Carbon Price Mechanism (CPM). Fri, 18 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-carbon-price-mechanism/ http://www.corrs.com.au/publications/tgif/claims-by-shareholders-in-an-insolvency-statutory-reversal-of-sons-of-gwalia/ Insolvency practitioners and litigators should note the recent amendments to section 563A of the Corporations Act. The Corporations Amendment (Sons of Gwalia) Act 2010 (*Sons of Gwalia Act*) came into effect on 18 December 2010, legislating to ensure that all claims by shareholders of an insolvent company are subordinated to those of other creditors. Fri, 11 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/claims-by-shareholders-in-an-insolvency-statutory-reversal-of-sons-of-gwalia/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-executive-remuneration-bill-proposed-changes-to-the-corporations-act/ The Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 (Bill) was introduced into the Federal Parliament on 22 February 2011. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-executive-remuneration-bill-proposed-changes-to-the-corporations-act/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-overview-of-the-national-consumer-credit-protection-amendment-credit-cards-and-home-loans-bill-2011/ Today the Treasury released for industry consultation an exposure draft of the National Consumer Credit Protection (Credit Cards and Home Loans) Bill 2011. The draft bill formalises a number of the key credit card and home loan reforms announced by the Treasurer in December last year. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-overview-of-the-national-consumer-credit-protection-amendment-credit-cards-and-home-loans-bill-2011/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-review-of-overlapping-coal-and-coal-seam-gas-tenure/ The State has issued a consultation paper and draft bill proposing amendments to the Petroleum and Gas (Production and Safety) Act 2004 (PGA), Petroleum Act 1923 (PA) and the Mineral Resources Act 1989 (MRA) to address principally issues arising out of the overlap of coal, oil shale and coal seam gas tenures. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-review-of-overlapping-coal-and-coal-seam-gas-tenure/ http://www.corrs.com.au/publications/tgif/directions-sought-by-a-controller-under-section-424/ Last month, the Federal Court published its reasons in Re Primebroker Securities Ltd (Receivers and Managers) (In Liquidation) [2011] FCA 86. Fri, 04 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/directions-sought-by-a-controller-under-section-424/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-roadshow-films-v-iinet-full-court-appeal-isp-not-liable-for-authorising-copyright-infringement-but-only-just/ On 24 February 2011, the Full Court of the Federal Court delivered its decision in Roadshow Films vs iiNet Limited [2011] FCAFC 23[http://www.austlii.edu.au/au/cases/cth/FCAFC/2011/23.html]. This important decision concerns the liability of an internet service provider (ISP) for online copyright infringement by its users. Wed, 02 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-roadshow-films-v-iinet-full-court-appeal-isp-not-liable-for-authorising-copyright-infringement-but-only-just/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-voluntary-planning-agreement-requirements-prior-to-certification/ Amendments to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 which commenced on 25 February 2011 will prevent certifying authorities from issuing construction certificates, occupation certificates or subdivision certificates where obligations that must be met prior to certification under a voluntary planning agreement have not been satisfied. Tue, 01 Mar 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-voluntary-planning-agreement-requirements-prior-to-certification/ http://www.corrs.com.au/publications/tgif/restrictions-on-enforcing-guarantees-provided-by-directors-of-companies-in-administration/ The recent Queensland Supreme Court case of Bank of Western Australia Ltd v Clift [2010] QSC 366 indicates that the protection provided by section 440J of the Corporations Act to company directors, their spouses or relatives from claims during a company administration in relation to guarantees, may not be as absolute as previously thought. Fri, 25 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/restrictions-on-enforcing-guarantees-provided-by-directors-of-companies-in-administration/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling-2/ The Government has today taken the next step towards its goal of prohibiting price signalling in specific industries, by introducing the Competition and Consumer Amendment Bill (No 1) 2011. The Bill takes into account some of the criticism levelled at the exposure draft bill (Exposure Draft) published in December last year, but many areas of concern remain. Thu, 24 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-mixed-signals-proposed-prohibitions-on-price-signalling-2/ http://www.corrs.com.au/publications/ip-watch/no-isp-liability-for-file-sharing-yet/ A group of 34 movie studios has lost its appeal against a Federal Court judgment involving Australian internet service provider, iiNet. Wed, 23 Nov 2011 17:26:09 +1100 http://www.corrs.com.au/publications/ip-watch/no-isp-liability-for-file-sharing-yet/ http://www.corrs.com.au/publications/tgif/the-priority-of-leave-and-superannuation-entitlements-falling-due-after-commencement-of-receivership-/ Last month, the Federal Court published its reasons in Vickers, in the matter of Challenge Australian Dairy Pty Ltd (Administrators Appointed) (Receivers & Managers Appointed) [2011] FCA 10. Fri, 18 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/the-priority-of-leave-and-superannuation-entitlements-falling-due-after-commencement-of-receivership-/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-fibre-in-new-property-developments/ In December 2010, the Federal Government announced its policy for the provision of broadband in new developments and determining who is the “provider of last resort”. Fri, 18 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-fibre-in-new-property-developments/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-singtel-optus-pty-lt-d-2011-fca-87/ In a judgment with potential implications for all businesses which market their goods or services using bold headline claims, the Federal Court has declared that SingTel Optus (Optus) engaged in misleading or deceptive conduct by making claims in advertising that certain broadband services it offered were “unlimited”. Thu, 17 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-singtel-optus-pty-lt-d-2011-fca-87/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-allergy-pathway/ In a judgment with important implications for businesses which use social media to market themselves, the Federal Court has held a company and its sole director responsible for statements made by third parties on itsFacebook and Twitter pages. Tue, 15 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-accc-v-allergy-pathway/ http://www.corrs.com.au/publications/ip-watch/beware-social-network/ A recent decision of the Federal Court has far reaching ramifications for companies utilising the expanding social media network as a promotional tool. Wed, 23 Nov 2011 17:23:28 +1100 http://www.corrs.com.au/publications/ip-watch/beware-social-network/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-queensland-to-join-the-landholder-club/ The Queensland Government has announced its proposal to amend the Duties Act 2001 (QLD) (*Act*) and to replace the existing land rich provisions with a landholder model that imposes duty on a threshold land value. It is expected that the landholder model proposed will be similar to that already in force in New South Wales and Western Australia. Tue, 08 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-queensland-to-join-the-landholder-club/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-metropolitan-plan-for-sydney-2036/ On 16 December 2010 Premier Kristina Keneally released the Metropolitan Plan for Sydney 2036. The Plan incorporates the fully funded $50.2 billion Metropolitan Transport Plan and is the first major update of the 2005 Metro Strategy. Fri, 04 Feb 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-metropolitan-plan-for-sydney-2036/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-icacs-call-for-reform-to-the-part-3a-regime/ The Independent Commission Against Corruption (ICAC) has recommended changes to how major planning decisions are handled in New South Wales to mitigate potential corruption risks associated with the Part 3A planning powers held by the Minister for Planning. Fri, 21 Jan 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-icacs-call-for-reform-to-the-part-3a-regime/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-english-high-court-finds-that-headlines-can-be-independent-copyright-works/ In September 2010, we published an In Brief on Justice Bennett’s decision in Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 (Fairfax) in which her Honour held that the newspaper headlines in question were not protected by copyright under Australian law. Thu, 13 Jan 2011 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-english-high-court-finds-that-headlines-can-be-independent-copyright-works/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-environmental-approval-processes-in-western-australia-streamlined/ Recent amendments to the Environmental Protection Act 1986 (WA) and the introduction of new Administrative Procedures are intended to streamline the environmental approvals process in Western Australia by abolishing certain appeal rights and consolidating the environmental impact assessment procedures. Thu, 23 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-environmental-approval-processes-in-western-australia-streamlined/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-independent-broadbased-anticorruption-commission-for-victoria/ A key election platform of the newly elected Victorian State Government is the establishment of an independent anti-corruption commission for Victoria. Thu, 23 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-independent-broadbased-anticorruption-commission-for-victoria/ http://www.corrs.com.au/publications/ip-watch/telstra-suffers-further-setback-case-copied-phone-directories/ The latest Telstra case highlights that where computer software makes key decisions about the automated processing, selection and arrangement of information, the final output may not be protected by copyright. Wed, 23 Nov 2011 17:17:38 +1100 http://www.corrs.com.au/publications/ip-watch/telstra-suffers-further-setback-case-copied-phone-directories/ http://www.corrs.com.au/publications/tgif/finalisation-of-pps-regulations/ The new Personal Property Securities Regulations 2010 (Cth) were enacted late last month. Fri, 17 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/finalisation-of-pps-regulations/ http://www.corrs.com.au/publications/tgif/preappointment-advice-and-the-independence-of-administrators-when-is-too-close-for-comfort/ The case of Huxtable, in the matter of Calnan Oldfield Pty Ltd (ACN 120 195 833) (Administrator Appointed) [2010] FCA 769 outlines the issues surrounding the appointment of an insolvency practitioner as an administrator of a company where the practitioner previously provided advice to the company. Fri, 10 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/preappointment-advice-and-the-independence-of-administrators-when-is-too-close-for-comfort/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-victorian-climate-change-white-paper-implementation-plan-postelection-prospects/ The Taking Action for Victoria’s Future – The Climate Change White Paper Implementation Plan 1 was released before the November 2010 Victorian state election. It provides more detail on the proposed measures to implement the initiatives in the Brumby Government’s climate Change White Paper Action Plan, including funding and key milestones. Although the Coalition has expressed its support for some of the measures in the plan, its position on a number of the measures and initiatives is unclear. Thu, 09 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-victorian-climate-change-white-paper-implementation-plan-postelection-prospects/ http://www.corrs.com.au/publications/tgif/the-erosion-of-autonomy-of-commercial-letters-of-credit/ Commercial letters of credit are a useful tool in facilitating international trade. Their usefulness lies in the autonomy and the certainty which they provide to parties to international sale of goods contracts. However, in Australia, the autonomy and certainty of letters of credit has been eroded by the application of sections 51AA and 51AC of the Trade Practices Act 1974 (Cth) (*TPA*). Fri, 03 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/the-erosion-of-autonomy-of-commercial-letters-of-credit/ http://www.corrs.com.au/publications/corrs-and-effect/corrs-and-effect-summer-2010/ The Summer 2010 issue features the following topics: Counterfeit products: A good deal? I'm just not buying it. Mark Johnson on breweries, banks and business models. Battle lines redrawn in the war for talent. Realising the business benefits of medical breakthroughs. Wed, 01 Dec 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-and-effect/corrs-and-effect-summer-2010/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-current-issues-in-australia-s-mining-industry/ In this publication, Corrs addresses some of the key and emerging issues currently having an impact on the landscape of Australia's mining industry. This includes the recent changes to Foreign Investment Regulation, the carbon tax and response to global warming, and the latest developments of the new Minerals Resource Rent Tax (MRRT). Fri, 26 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-current-issues-in-australia-s-mining-industry/ http://www.corrs.com.au/publications/ip-watch/making-trap-evidence-count-court-proceeding/ When gathering trap evidence in the retail environment involving verbal exchanges with salespeople, brand owners may need to follow certain procedures if the evidence is to be given the weight it deserves by the Court. Wed, 23 Nov 2011 17:13:09 +1100 http://www.corrs.com.au/publications/ip-watch/making-trap-evidence-count-court-proceeding/ http://www.corrs.com.au/publications/leadership-speeches/action-liberalise-global-trade-investment/ Australia and Canada share a strong commitment to multilateral trade and investment liberalisation. What steps can be taken to make this a reality in the first half of the 21st century? Wed, 17 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/leadership-speeches/action-liberalise-global-trade-investment/ http://www.corrs.com.au/publications/ip-watch/new-personal-properties-securities-reform-is-your-ip-protected/ Personal Property Securities Act 2009 (Cth) will fundamentally change the way most businesses procure and supply goods. It contains some significant provisions that may affect the rights of intellectual property owners. Wed, 23 Nov 2011 17:10:19 +1100 http://www.corrs.com.au/publications/ip-watch/new-personal-properties-securities-reform-is-your-ip-protected/ http://www.corrs.com.au/publications/tgif/asic-national-insolvent-trading-program-report-and-asic-duty-to-prevent-insolvent-trading-guide-for-directors/ In the last six months ASIC has released the *National insolvent trading program report*[http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/rep213.pdf/$file/rep213.pdf] and the *Duty to prevent insolvent trading: Guide for directors*[http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/rg217-29July2010.pdf/$file/rg217-29July2010.pdf] Fri, 12 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/asic-national-insolvent-trading-program-report-and-asic-duty-to-prevent-insolvent-trading-guide-for-directors/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-gtlds-threats-to-and-opportunities-for-brand-owners/ The Internet Corporation for Assigned Names and Numbers (ICANN) has decided to allow for the registration of new generic top level domain names (gTLDs). Thu, 11 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-gtlds-threats-to-and-opportunities-for-brand-owners/ http://www.corrs.com.au/publications/leadership-speeches/world-leadership-art-of-diplomacy/ What does it take to be a global leader and what are the qualities of leadership that will hold an individual in good stead on the world's stage? Fri, 05 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/leadership-speeches/world-leadership-art-of-diplomacy/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-of-mooses-ingnues-and-vulgarians-accc-v-optus-singtel/ In proceedings commenced by the Australian Competition and Consumer Commission (ACCC), Justice Perram of the Federal Court has found that Optus’ advertising campaign for its “Think Bigger” broadband plans breaches sections 52 and 55A of the Trade Practices Act 1974 (Cth) (the Trade Practices Act). Thu, 04 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-of-mooses-ingnues-and-vulgarians-accc-v-optus-singtel/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-recent-reforms-to-the-environmental-planning-and-assessment-regulation-2000-shorter-da-process-changes-to-planning-certificates-and-more/ An updated draft of the Environmental Planning and Assessment Regulation 2010 (Draft Regulation) was recently released by the NSW Government. The Draft Regulation is on public exhibition until 5 November 2010. Wed, 03 Nov 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-recent-reforms-to-the-environmental-planning-and-assessment-regulation-2000-shorter-da-process-changes-to-planning-certificates-and-more/ http://www.corrs.com.au/publications/m-and-a-alerts/november-update-2010/ In this edition, we review developing and key issues relating to M&A and their potential impacts. Wed, 21 Sep 2011 16:37:27 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/november-update-2010/ http://www.corrs.com.au/publications/ip-watch/amazon-s-one-click-success-for-business-method-patents/ Are you intending to navigate the Canadian patent system? Here are a few things to keep in mind. Wed, 23 Nov 2011 17:02:44 +1100 http://www.corrs.com.au/publications/ip-watch/amazon-s-one-click-success-for-business-method-patents/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-environmental-monitoring-programs-and-levies-for-clusters-of-industries-in-nsw/ Amendments recently passed by the NSW Parliament to the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), introduce new powers to potentially require clusters of industries to comply with new environmental monitoring programs and to pay levies for the cost of these programs. The amendments commenced on 1 December 2010. Tue, 19 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-environmental-monitoring-programs-and-levies-for-clusters-of-industries-in-nsw/ http://www.corrs.com.au/publications/tgif/winding-up-corporate-trustees-liquidators-entitlement-to-remuneration-and-expenses-from-multiple-trusts/ The recent case of Re Dalewon Pty Ltd [2010] QSC 311 has served as a useful reminder of the circumstances in which a liquidator of a corporate trustee can recover their remuneration and expenses from trust assets. The decision also considers what a liquidator must establish where the liquidator is winding up a corporate trustee who administers multiple trusts. Fri, 15 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/winding-up-corporate-trustees-liquidators-entitlement-to-remuneration-and-expenses-from-multiple-trusts/ http://www.corrs.com.au/publications/leadership-speeches/how-to-strengthen-economies-and-societies/ Greater openness to commercial and wider relationships is integral to strengthening our economies and our societies. If we aspire for a better future, we must put long term interests above short term considerations. Thu, 14 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/leadership-speeches/how-to-strengthen-economies-and-societies/ http://www.corrs.com.au/publications/leadership-speeches/global-growth-through-enhanced-trade/ In order to see trade continue to drive global economic growth in the first half of the 21st century, the major powers will need to give a higher priority to multilateral trade reform. Thu, 14 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/leadership-speeches/global-growth-through-enhanced-trade/ http://www.corrs.com.au/publications/leadership-speeches/improving-trade-environment-apecs-programme-improve-business-environment/ In order to maintain its relevance, APEC needs to embrace a broader range of issues than its original unifying ambition of tackling at-the-border barriers. It needs to focus on the issues that really matter to the citizenry and businessmen of APEC. Tue, 12 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/leadership-speeches/improving-trade-environment-apecs-programme-improve-business-environment/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-proposed-changes-to-south-australian-land-rich-provisions/ The South Australian Government has announced its proposal to amend the Stamp Duties Act 1923 (SA) (Act) and to replace the existing land rich provisions with a landholder model that imposes duty on a threshold land value. It is expected that the landholder model proposed will be similar to that already in force in New South Wales and Western Australia. Tue, 05 Oct 2010 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-proposed-changes-to-south-australian-land-rich-provisions/ http://www.corrs.com.au/publications/ip-watch/sourcing-digital-images-the-devil-is-in-the-detail/ Does your business face difficulties with the use of copyright materials taken by your staff from online libraries, such as image libraries? Wed, 23 Nov 2011 16:56:04 +1100 http://www.corrs.com.au/publications/ip-watch/sourcing-digital-images-the-devil-is-in-the-detail/ http://www.corrs.com.au/publications/tgif/recommendations-of-the-senate-inquiry-into-the-insolvency-industry/ This week the Australian Senate’s Economic References Committee (*the Committee*) has tabled a report on its inquiry into the *regulation, registration and remuneration of insolvency practitioners in Australia*[http://www.aph.gov.au/hansard/senate/commttee/S13196.pdf]. The report recommends a number of changes for the way the insolvency industry in Australia is regulated and controlled. Fri, 17 Sep 2010 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/recommendations-of-the-senate-inquiry-into-the-insolvency-industry/ http://www.corrs.com.au/publications/ip-watch/does-copyright-subsist-in-this-headline/ How does a recent Federal Court decision impact the question of whether copyright can subsist in a newspaper headline or byline? Wed, 23 Nov 2011 16:42:04 +1100 http://www.corrs.com.au/publications/ip-watch/does-copyright-subsist-in-this-headline/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-copyright-found-not-to-exist-in-headlines-and-bylines/ The recent Federal Court decision of Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984 marks the first time an Australian court has decided the question of whether copyright can subsist in a newspaper headline or byline. Tue, 14 Sep 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-copyright-found-not-to-exist-in-headlines-and-bylines/ http://www.corrs.com.au/publications/tgif/octaviar-the-queensland-court-of-appeals-decision-affirmed-in-the-high-court/ Earlier this week, the High Court handed down its decision in Public Trustee of Queensland v Fortis Credit Corporation (AUS) Pty Ltd [2010] HCA 29, unanimously upholding the decision of the Queensland Court of Appeal and ending confusion in relation to the circumstances that constitute a variation to a charge. Fri, 03 Sep 2010 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/octaviar-the-queensland-court-of-appeals-decision-affirmed-in-the-high-court/ http://www.corrs.com.au/publications/leadership-speeches/leadership-in-a-complex-world/ With a changing world view, why is power more likely to sit with the person, community, enterprise or nation who or which is most connected? Fri, 20 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/leadership-speeches/leadership-in-a-complex-world/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-changes-to-sale-of-land-act-vic/ The Consumer Affairs Legislation Amendment (Reform) Bill 2010 (Vic) (*Bill*) was introduced into the Legislative Assembly (*Assembly*) on 27 July 2010. The Bill represents the second phase of reforms flowing from the Consumer Affairs Legislation Modernisation project initiated by the Minister for Consumer Affairs in early November 2008. Thu, 19 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-changes-to-sale-of-land-act-vic/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-when-is-software-a-good/ The New South Wales Supreme Court has recently clarified that software purchased and downloaded from the internet will not attract any implied warranties under the Sale of Goods Act 1923 (NSW). Thu, 19 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-when-is-software-a-good/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-dividend-rules/ New dividend rules came into effect from Monday 28 June 2010. The rules replace the requirement to pay dividends from profits with a three-pronged test based on net assets, fairness and solvency. Tue, 17 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-dividend-rules/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victorias-climate-change-bill-2010/ As foreshadowed in the Victorian Climate Change White Paper, a Climate Change Bill has now been introduced to Parliament which includes various new powers, obligations and rights for Government, statutory authorities, industry, landholders and other companies and individuals. Mon, 16 Aug 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victorias-climate-change-bill-2010/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-government-issues-draft-of-new-australian-privacy-principles/ The Commonwealth Government recently released an exposure draft of the proposed Australian Privacy Principles, a single set of privacy principles designed to apply to both private sector organisations and Commonwealth agencies. Wed, 21 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-government-issues-draft-of-new-australian-privacy-principles/ http://www.corrs.com.au/publications/corrs-in-brief/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 further with the introduction of the Civil Procedure Bill 2010 (Vic) (*Bill*) on 24 June 2010. Wed, 07 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-victoria-takes-adr-to-the-next-level/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-australian-international-arbitration-reform/ Asian and overseas economies continue to provide growth for Australian businesses resulting in an increasing number of commercial agreements with international parties. Providing a fair, cost-effective, efficient dispute resolution process to Australian and overseas entities on cross-border transactions is imperative for continued growth. Fri, 02 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-australian-international-arbitration-reform/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-energy-efficiency-disclosure-obligations-to-commence-shortly-for-owners-and-tenants-of-large-office-buildings/ The Building Energy Efficiency Disclosure Act 2010 (Cth) (Act) was assented to by the Federal Parliament on 28 June 2010. The Act provides for the establishment of a national compulsory disclosure scheme relating to energy efficiency for owners and tenants of large office buildings. It is part of the Federal Government’s National Strategy on Energy Efficiency. The stated aim is to assist prospective buyers and lessees in the commercial office market to consider energy efficiency in their decision-making. Thu, 01 Jul 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-energy-efficiency-disclosure-obligations-to-commence-shortly-for-owners-and-tenants-of-large-office-buildings/ http://www.corrs.com.au/publications/corrs-in-brief/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. Sat, 19 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creating-cultural-change-moving-away-from-the-adversarial-nature-of-litigation/ http://www.corrs.com.au/publications/tgif/the-future-of-financial-advice-beyond-ripoll/ An article written by Corrs partner Michael Chaaya titled "The future of financial advice - beyond Ripoll" is featured in the May edition of the Australian Superannuation Law Bulletin. Fri, 18 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-future-of-financial-advice-beyond-ripoll/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sweeping-reform-to-the-franchising-code-to-take-effect-from-1-july-2010/ On 4 June 2010 the Federal Government announced a number of changes to the Franchising Code of Conduct (the Code). The amendments to the Code impose greater obligations on franchisors in terms of the disclosures they are required to make to new and renewing franchisees before they sign a franchise agreement. Wed, 16 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-sweeping-reform-to-the-franchising-code-to-take-effect-from-1-july-2010/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creeping-acquisitions-the-merger-test-and-unconscionable-conduct-bill-introduced-to-parliament/ On 27 May 2010, The Minister for Competition Policy & Consumer Affairs, Dr Emerson, introduced the Competition and Consumer Legislation Amendment Bill 2010 into Parliament to amend Section 50 of the Trade Practices Act. The Bill will amend the unconscionable conduct provisions in the new Australia Consumer Law (ACL) and Australian Securities and Investments Act (ASIC Act). Mon, 07 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-creeping-acquisitions-the-merger-test-and-unconscionable-conduct-bill-introduced-to-parliament/ http://www.corrs.com.au/publications/leadership-speeches/the-emerging-g20-agenda-for-global-financial-regulation/ Regulatory reform issues for the financial sector are complex and require a sophisticated response. More importantly, they require business to have a stronger voice. Mon, 07 Jun 2010 00:00:00 +1000 http://www.corrs.com.au/publications/leadership-speeches/the-emerging-g20-agenda-for-global-financial-regulation/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-tax-system-for-managed-investment-trusts/ On 7 May 2010, the Assistant Treasurer: Tue, 11 May 2010 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-new-tax-system-for-managed-investment-trusts/ http://www.corrs.com.au/publications/tgif/statutory-demands-the-difficulty-in-rebutting-the-presumption-of-insolvency/ The recent case of Turco & Co Pty Ltd v Pendella Holdings Pty Ltd [2010] FCA 213 illustrates the practical difficulties faced by a debtor company which, in order to avoid being wound up, attempts to rebut a presumption of insolvency as a result of failing to comply with a statutory demand. The case highlights the importance of debtor companies complying with, or setting aside, statutory demands in order to avoid the presumption arising in the first place. Fri, 30 Apr 2010 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/statutory-demands-the-difficulty-in-rebutting-the-presumption-of-insolvency/ http://www.corrs.com.au/publications/tgif/regulatory-update-the-future-of-financial-advice-beyond-ripoll/ The Federal Government yesterday announced its response to the Ripoll Inquiry into Financial Products and Services in Australia. Tue, 27 Apr 2010 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/regulatory-update-the-future-of-financial-advice-beyond-ripoll/ http://www.corrs.com.au/publications/tgif/update-on-octaviar/ Previously, we have commented on the proceedings surrounding the insolvency of Octaviar Limited (*Octaviar*). Fri, 19 Mar 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/update-on-octaviar/ http://www.corrs.com.au/publications/m-and-a-alerts/march-update-2010/ In this issue, we review some of the trends we expect to see in M&A transactions in 2010. Wed, 21 Sep 2011 15:40:45 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/march-update-2010/ http://www.corrs.com.au/publications/tgif/relief-against-forfeiture-when-is-it-available/ http://113.192.22.178/admin#Root_Behaviour Fri, 26 Feb 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/relief-against-forfeiture-when-is-it-available/ http://www.corrs.com.au/publications/tgif/an-overview-of-the-personal-property-securities-act-2009/ On 14 December 2009, the Personal Property Securities Act 2009 (the Act) together with the Personal Property Securities (Consequential Amendments) Act 2009 received Royal Assent. They are expected to commence in May 2011. To date legislation for the referral of relevant powers to the Commonwealth has been passed by four states: NSW, Queensland, Victoria and South Australia. Fri, 19 Feb 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/an-overview-of-the-personal-property-securities-act-2009/ http://www.corrs.com.au/publications/tgif/the-importance-of-directors-informing-themselves-as-to-their-companys-financial-position/ The case of Cooper v Commissioner of Taxation [2009] NSWSC 880, is a useful illustration of the importance of directors ensuring that their company maintains proper financial records and that they inform themselves as to their company’s financial position. Fri, 12 Feb 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/the-importance-of-directors-informing-themselves-as-to-their-companys-financial-position/ http://www.corrs.com.au/publications/tgif/roadshow-films-v-iinet-isp-not-liable-for-authorising-copyright-infringement/ On 4 February 2010, Justice Cowdroy delivered the Federal Court’s decision in Roadshow Films Pty Ltd v iiNet Limited (No 3) [2010] FCA 24 (Roadshow v iiNet[http://www.austlii.edu.au/au/cases/cth/FCA/2010/24.html]). This important case concerns the liability of an internet service provider (*ISP*) for online copyright infringement by its subscribers. The Court held that iiNet Limited (*iiNet*), an ISP, was not liable for ‘authorising’ such copyright infringement. Tue, 09 Feb 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/roadshow-films-v-iinet-isp-not-liable-for-authorising-copyright-infringement/ http://www.corrs.com.au/publications/tgif/limiting-liability-with-liquidated-damages-clauses-jcorp-pty-ltd-v-mladenis-2009-wasca-157/ Building and construction contracts often include a clause providing for the proprietor to be paid an agreed rate of liquidated damages in the event the contractor fails to meet milestones by the time prescribed by the contract. To be enforceable, the liquidated damages must represent a genuine pre-estimate of a proprietor’s loss. Liquidated damages clauses are normally included for the proprietor’s benefit. Thu, 28 Jan 2010 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/limiting-liability-with-liquidated-damages-clauses-jcorp-pty-ltd-v-mladenis-2009-wasca-157/ http://www.corrs.com.au/publications/m-and-a-alerts/december-update-2009/ In this issue, we consider some significant FIRB approvals received by Corrs' clients recently and some key lessons on the FIRB application process. Wed, 21 Sep 2011 12:28:52 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/december-update-2009/ http://www.corrs.com.au/publications/corrs-and-effect/corrs-and-effect-summer-2009/ The Summer 2009 issue features the following topics: Learning Lessons: The Victorian Bushfires Royal Commission. The End of Silence: Redress WA. Social Networking: Not Working? Financial Services Reform: Escaping the Abyss. Tue, 01 Dec 2009 00:00:00 +1100 http://www.corrs.com.au/publications/corrs-and-effect/corrs-and-effect-summer-2009/ http://www.corrs.com.au/publications/tgif/the-octaviar-decision-overturned-for-now/ Last week, in Re Octaviar Ltd (No 7) [2009] QCA 282, the Queensland Court of Appeal overturned the Octaviar trial decision. Fri, 25 Sep 2009 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-octaviar-decision-overturned-for-now/ http://www.corrs.com.au/publications/tgif/the-high-court-warns-against-lastditch-amendments-in-litigation/ Earlier this month, the High Court in Aon Risk Services Australia Ltd v ANU* *[2009] HCA 27 held that a party may not be permitted to amend its case at a late stage in litigation if that would unduly compromise the administration of justice in the case. This decision represents a significant shift away from the previously understood position. Fri, 28 Aug 2009 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/the-high-court-warns-against-lastditch-amendments-in-litigation/ http://www.corrs.com.au/publications/m-and-a-alerts/august-update-2009/ In this edition of M&A Alerts, we review some recent Panel decisions and how they could impact M&A activity. Wed, 21 Sep 2011 12:05:05 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/august-update-2009/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-acccs-revised-immunity-policy-and-the-commonwealth-dpp/ The amendments brought about by the Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cartel Amendment) provide for criminal penalties for cartel conduct. As the same conduct can now be dealt with on both a criminal and civil basis, the ACCC and Commonwealth Director of Public Prosecutions (CDPP) have released a package of materials which set out how immunity applications will be handled, when immunity will be granted and to whom. Wed, 17 Jun 2009 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-acccs-revised-immunity-policy-and-the-commonwealth-dpp/ http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-cartel-conduct-amendments-to-the-tpa-what-you-need-to-know/ The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cartel Amendment) has now been passed by both houses of Federal Parliament. Its significant provisions become operative on 24 July 2009 and will criminalise serious cartels. Those involved in cartels will risk substantial fines and imprisonment for up to 10 years. Wed, 17 Jun 2009 00:00:00 +1000 http://www.corrs.com.au/publications/corrs-in-brief/corrs-in-brief-the-cartel-conduct-amendments-to-the-tpa-what-you-need-to-know/ http://www.corrs.com.au/publications/m-and-a-alerts/june-update-2009/ In this issue we look at the recent Takeovers Panel decisions in Gloucester Chttp://www.corrs.com.au/admin#Root_Content_set_Metadataoal (reverse takeovers), International All Sport (standstills) and Regis Resources (association and board control). We Wed, 21 Sep 2011 12:40:31 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/june-update-2009/ http://www.corrs.com.au/publications/tgif/an-automatic-right-to-an-adjournment-for-new-lawyers/ The courts will often grant adjournments where a litigant has engaged new lawyers. Nonetheless, the NSW Supreme Court in the case of Kingsway Group Ltd v Belramoul [2009] NSWSC 345 recently refused an application to adjourn a hearing made by a litigant who had briefed their barrister only the day before. Fri, 22 May 2009 00:00:00 +1000 http://www.corrs.com.au/publications/tgif/an-automatic-right-to-an-adjournment-for-new-lawyers/ http://www.corrs.com.au/publications/tgif/variation-of-a-secured-liability-can-require-registration-if-contemplated-by-the-original-instrument/ In Re Octaviar Ltd; Re Octaviar Administration Pty Ltd [2009] QSC 37, the Queensland Supreme Court considered the circumstances in which a variation to a registered charge must be notified to ASIC. Fri, 13 Mar 2009 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/variation-of-a-secured-liability-can-require-registration-if-contemplated-by-the-original-instrument/ http://www.corrs.com.au/publications/m-and-a-alerts/march-update-2009/ This year of the Ox is unlikely to be a bullish one. We focus on the impact of the global financial crisis on M&A activity and some key trends for 2009. Wed, 21 Sep 2011 16:27:05 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/march-update-2009/ http://www.corrs.com.au/publications/m-and-a-alerts/wrong-way-go-back-gloucester-coal-panel-decision/ The Panel has at times been criticised for being too “pro-bidder”. However if shareholders don’t vote in favour of the Whitehaven merger it will be the first time the Panel has stopped a bid. Wed, 21 Sep 2011 11:41:59 +1000 http://www.corrs.com.au/publications/m-and-a-alerts/wrong-way-go-back-gloucester-coal-panel-decision/ http://www.corrs.com.au/publications/tgif/the-camac-report-on-the-sons-of-gwalia-decision/ The High Court’s judgment in the Sons of Gwalia case has raised significant debate amongst secured lenders, creditors and shareholders. Here is a link to this publication’s report on this in March 2007[[sitetree_link id=767]]. Fri, 13 Feb 2009 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/the-camac-report-on-the-sons-of-gwalia-decision/ http://www.corrs.com.au/publications/leadership-speeches/forward-with-fairness-a-business-perspective-on-labor-s-reform-agenda/ How will this reform impact individuals and families and where do these changes fit in for business as part of Australia’s quest to maintain and advance its national competitiveness and ultimately our mutual prosperity? Wed, 20 Aug 2008 00:00:00 +1000 http://www.corrs.com.au/publications/leadership-speeches/forward-with-fairness-a-business-perspective-on-labor-s-reform-agenda/ http://www.corrs.com.au/publications/leadership-speeches/australias-place-world-business-perspective/ We live and work and communicate and relate in a globalised and globalising world. But, what does this mean for the role we might play in the world, as Australians? Thu, 14 Aug 2008 00:00:00 +1000 http://www.corrs.com.au/publications/leadership-speeches/australias-place-world-business-perspective/ http://www.corrs.com.au/publications/tgif/sons-of-gwalia/ The Sons of Gwalia case has received much publicity. Here is our brief summary of the essential issues. Fri, 16 Mar 2007 00:00:00 +1100 http://www.corrs.com.au/publications/tgif/sons-of-gwalia/