With Barrett J's judgment in Re Centro Retail Limited and Centro MCS Manager Limited [2011] NSWSC 1175 (Centro Case) following the judgment in Premium Income Fund Action Group Inc v Wellington...
The details of South Australia...s proposed landholder duty regime have now been released with the Statutes Amendment (Land Holding Entities and Tax Avoidance Schemes) Bill 2011 (Bill) introduced...
The decision of the NSW Court of Appeal in JP Morgan Australia Ltd v Consolidated Minerals Pty Ltd [2011] NSWCA 3 on 8 February 2011 emphasises the extent to which the Courts are prepared to read...
ASX has amended several Listing Rules; this article reviews the amendments and how they relate to listed...
Re Ascot Vale Self-Storage Centre Pty Ltd (In Liq) - It is a common occurrence for a liquidator of a company to enter into a funding agreement with a third party, for the purpose of the company
In an important appellate decision, on 6 August 2013 the majority of the Full Court of the Federal Court upheld, for the first time, a damages award for breach of an implied term of mutual trust...
The WA Court of Appeal recently revisited the incorporation of contractual terms through prior dealings in La Rosa v Nudrill Pty Ltd [2013] WASCA 18. The decision indicates that there are no...
The common practice of courts endorsing negotiated settlements involving 'agreed penalties' between private parties and prosecuting regulators was the subject of judicial criticism in the recent
ASIC's action against Andrew Forrest and Fortescue Metals Group (FMG) is now over. The result in the High Court was an emphatic victory for Forrest and FMG after 6 years of hard fought...
ASIC has had a difficult and ultimately unsuccessful pursuit of Fortescue Metals Group Limited (FMG) and its former Managing Director Andrew Forrest...
The Australian Competition and Consumer Commission (ACCC) took issue with representations made by home builder Metricon Homes Qld Pty Ltd (Metricon) in advertisements to consumers. While the case
US COURT IMPOSES LARGEST EVER FINE AND JAILS EXECUTIVES - ACCC, DPP AND AUSTRALIAN COURTS LIKELY TO FOLLOW SUIT On 20 September 2012, a US District Court Judge sentenced AU Optronics (AUO), an
In Andrews v ANZ, the High Court found that certain bank fees charged to the bank's customers were not prevented from being characterised as penalties by reason of liability to pay those fees being
This article discusses the appeal rights of parties under the new uniform commercial arbitration law with specific reference to the Commercial Arbitration Act 2011 (SA) which commenced operation...
A new Practice Note governing discovery and disclosure processes in the Equity Division of the Supreme Court of New South Wales commenced on 26 March 2012. In the absence of exceptional...
The Federal Court recently released its decision in respect of the AER's action against Stanwell Corporation for breach of the rebidding provisions of the National Electricity...
A recent Federal Court judgment in the long running Lehman Bros cdo battle royale, Wingecarribee Shire Council & Ors v Lehman Bros Aus Limited (in liq) 1, looked at, in part, the risks that arise...
Many commercial contracts provide for an independent expert to resolve disputes of a financial nature. In drafting these dispute resolution clauses it is common to provide that if the parties...
In Independent Cement and Lime Pty Ltd v Brick and Block Company Ltd (in liquidation) (receivers & managers appointed) [2010] FCA 352, Justice Finkelstein considered the duty of voluntary...