ArticleCourt grants permission to investigate company despite limited expected returnsRecent decision is another example of the breadth of powers of the court to manage the conduct of external administrations.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleCourt of Appeal clarifies test to be applied for a s 444GA share transferCourt clarified the high threshold for proving unfair prejudice to shareholders and the evidentiary requirements in administrator-led valuations.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleCourt sceptical of eleventh-hour appointment of administrator to ‘defend' a winding upReminder that it remains unlikely that a company can avoid a liquidation process by appointing an administrator at the last minute.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleCourt sets aside bankruptcy composition passed and accepted by creditorsThis case confirms the guiding principles for the court's discretion to set aside a composition passed by the creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleFederal Court terminates wind up of company in liquidationLiquidation does not necessarily mark the end of a company's life.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleFederal Government Announces Extensive SME Business Insolvency ReformsKey elements of the Federal Government's reforms to insolvency laws for businesses with liabilities below $1 million.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleServe To Preserve: Court Grants Limited Extension To Preserve Liquidator ClaimsThe liquidators applied for a court order that would extend the time to bring voidable transaction claims.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleSetting aside DOCAs and exercising the administrator's casting voteThe case considered the importance to a creditor of the setting aside of a DOCA and the administrator's casting vote.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleTypo defeats winding up proceedingsThe statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleKey IP enforcement tool likely to be abolished: time to act nowUsers of the patent system should act now to make sure they are in the best possible position to protect their IP in the future.AustraliaIntellectual PropertyCorrs Chambers Westgarth
ArticleMore than a trade mark: How Geographical Indications (GIs) could boost Australian businessMarketing and promotion of GI products could boost the economic development and tourism of regions of origin.AustraliaIntellectual PropertyCorrs Chambers Westgarth
ArticleInvesting overseas and ISDS – Are you adequately protected by a treaty with investor-state dispute settlement provisions?Corporations conducting business overseas must ensure that any investment is protected by a treaty with an ISDS clause.AustraliaInternational LawCorrs Chambers Westgarth
ArticleSecured creditor’s enforcement action restrained while a decision of FOS was appealedA new trend could emerge, where debtors seek to delay enforcement action by appealing against determinations made by FOS.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleSettlement of class actions- a "bird in the hand" approachThe Federal Court recently handed down its reasons for approving the settlement of the Multiplex shareholder class action in P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 4) [2010] FCA 1029. This decision provides insight into the factors the court will consider in deciding whether to approve a proposed class action settlement.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleStitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinationsTranscripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleThe Supreme Court of NSW weighs in on market-based causationThis decision is likely to give greater confidence to shareholders and their lawyers in pursuing claims against companies.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleWherever you lay your hat is not your home - at least, not necessarily, according to the courtsHaving regard to the evidence, the court was satisfied that there had been service and granted the sequestration orders.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth
ArticleCould cyber security class actions be on their way to Australia?More high profile data breaches and attacks globally mean that a cyber security class action is also likely in Australia. .AustraliaPrivacyCorrs Chambers Westgarth
ArticleConstruction law and projects - August 2018 legal update from CorrsReview of major judicial and legislative developments affecting the construction, major projects and infrastructure sectors.AustraliaReal Estate and ConstructionCorrs Chambers Westgarth
ArticleCritical changes to the Queensland building industry have been approved by ParliamentPrincipals and head contractors should be aware of (and comply with) the changes, or risk being in breach of the new Act.AustraliaReal Estate and ConstructionCorrs Chambers Westgarth