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  • Article

    Court grants permission to investigate company despite limited expected returns

    Recent decision is another example of the breadth of powers of the court to manage the conduct of external administrations.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court of Appeal clarifies test to be applied for a s 444GA share transfer

    Court clarified the high threshold for proving unfair prejudice to shareholders and the evidentiary requirements in administrator-led valuations.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court sceptical of eleventh-hour appointment of administrator to ‘defend' a winding up

    Reminder that it remains unlikely that a company can avoid a liquidation process by appointing an administrator at the last minute.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court sets aside bankruptcy composition passed and accepted by creditors

    This case confirms the guiding principles for the court's discretion to set aside a composition passed by the creditors.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Federal Court terminates wind up of company in liquidation

    Liquidation does not necessarily mark the end of a company's life.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Federal Government Announces Extensive SME Business Insolvency Reforms

    Key elements of the Federal Government's reforms to insolvency laws for businesses with liabilities below $1 million.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Serve To Preserve: Court Grants Limited Extension To Preserve Liquidator Claims

    The liquidators applied for a court order that would extend the time to bring voidable transaction claims.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Setting aside DOCAs and exercising the administrator's casting vote

    The case considered the importance to a creditor of the setting aside of a DOCA and the administrator's casting vote.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Typo defeats winding up proceedings

    The statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Key IP enforcement tool likely to be abolished: time to act now

    Users 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 Property
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    More than a trade mark: How Geographical Indications (GIs) could boost Australian business

    Marketing and promotion of GI products could boost the economic development and tourism of regions of origin.
    AustraliaIntellectual Property
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Investing 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 Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Secured creditor’s enforcement action restrained while a decision of FOS was appealed

    A new trend could emerge, where debtors seek to delay enforcement action by appealing against determinations made by FOS.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Settlement of class actions- a "bird in the hand" approach

    The 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 & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations

    Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    The Supreme Court of NSW weighs in on market-based causation

    This decision is likely to give greater confidence to shareholders and their lawyers in pursuing claims against companies.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Wherever you lay your hat is not your home - at least, not necessarily, according to the courts

    Having regard to the evidence, the court was satisfied that there had been service and granted the sequestration orders.
    AustraliaLitigation, Mediation & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Could 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. .
    AustraliaPrivacy
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Construction law and projects - August 2018 legal update from Corrs

    Review of major judicial and legislative developments affecting the construction, major projects and infrastructure sectors.
    AustraliaReal Estate and Construction
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Critical changes to the Queensland building industry have been approved by Parliament

    Principals and head contractors should be aware of (and comply with) the changes, or risk being in breach of the new Act.
    AustraliaReal Estate and Construction
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth

Showing 341–360 of 3146 results

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