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Corrs Chambers Westgarth

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Article
Out Of The Shadows: ASIC Investigation Of Insolvent Trading Results In Prison Sentence For Shadow Director
ASIC pursued enforcement action against directors that resulted in the first sentence of imprisonment for a 'shadow director'.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Corrs Chambers Westgarth
Article
Proper Purpose – Shareholders Allowed To Examine Former Director To Determine Prospects Of Potential Class Action
The Court was not satisfied that Arrium had established that examination of the former director was an abuse of process.
AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

Rule 6.19 of the Uniform Civil Procedure Rules - joining defendants: Keeping it within the mothership

Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

Scheming and restructuring to protect creditors

This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

Sweet disposition: Court validates dispositions of company property made after the commencement of a winding up

This Federal Court decision validated dispositions of property made by the company after the winding up process began.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

TGIF 13 October 2023 - Liquidators default judgment dismissed to avoid risk of inconsistent findings

Can an order be made under s588FF(1)(a) Corporations Act by way of default judgment against one of the multiple defendants?

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

TGIF – Approving liquidator funding agreements under the Corporations Act

This judgment highlights some of the factors relevant to the approval of a funding agreement.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

The Price Is Not Right: Supreme Court Declines To Direct Sale Of A Property Which Would Buy Out Of Guarantors Rights Of Indemnity Below Value

The Court would not approve a transaction that would unjustifiably disadvantage one party at the expense of another.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

Trust in the court: Liquidators justified in seeking directions

Liquidators must also take comfort in knowing they are able to have recourse to trust assets to cover costs and expenses.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

With Great Risk, Comes Just Reward: Court Rules On The Entitlement Of An Indemnifying Creditor

Supreme Court (NSW) considered the scope of advantage to an indemnifying creditor under s 564 of the Corporations Act.

AustraliaInsolvency/Bankruptcy/Re-Structuring

Corrs Chambers Westgarth

Experimental evidence in patent cases: Discovery not available for experiments on matters no longer in issue

This recent Federal Court decision sheds some light on experimental evidence and discovery in patent cases.

AustraliaIntellectual Property

Corrs Chambers Westgarth

Federal Government keen to ensure that the Australian public has access to essential technology

The Productivity Commission will conduct an inquiry into the compulsory licensing provisions of the Patents Act 1990.

AustraliaIntellectual Property

Corrs Chambers Westgarth

New Bill To Unlock Orphan Works And Untraceable Designs

This would offer a way forward for organisations that conduct diligent searches for untraceable copyright owners.

AustraliaIntellectual Property

Corrs Chambers Westgarth

Tips for Australian brand owners - Recent Case Law on maintaining your Trade Mark Registration in Europe

Australian brand owners with registered trademarks in Europe must heed a recent decision on trade mark use.

AustraliaIntellectual Property

Corrs Chambers Westgarth

A Trump Administration is a reality for America. So, now what for the global economy?

America has demanded change, and this victory will have far-reaching implications for the global economy. .

AustraliaInternational Law

Corrs Chambers Westgarth

Can government crisis control measures interfere with your foreign investment?

An investor could possibly make a claim under an international investment agreement arising from the government measures.

AustraliaInternational Law

Corrs Chambers Westgarth

Chinese Investment - A Tale Of Two Deals

PRC bidders wishing to invest in Australia need to actively address market concerns about PRC regulatory approvals.

AustraliaInternational Law

Corrs Chambers Westgarth

High Yield Bonds / Term Loan B Facilities - are they a realistic option for Australian sub investment grade borrowers?

While LIBOR rates remain low and inflows into the high yield market remain high, we expect this trend to continue.

AustraliaInternational Law

Corrs Chambers Westgarth

Preparing Australian Business For The Asian Century

This article outlines what the Australian business needs to do to succeed in the new challenge of the Asian Century.

AustraliaInternational Law

Corrs Chambers Westgarth

A right to some leisurely expanse of time to think up and develop points in arbitral proceedings?

The Federal Court has refused an appeal to resist enforcement of an arbitral award under the International Arbitration Act.

AustraliaLitigation, Mediation & Arbitration

Corrs Chambers Westgarth

Showing 701–720 of 3151 results

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