Insights

Shareholder oppression: careful, unfairness adds up

When business partners fall out with each other, disagree as to the direction of a company, or simply face circumstances that leave a minority shareholder feeling harshly dealt with, threats of an...

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Linc Energy – High Court refuses special leave to Qld State Government

The High Court has refused to grant the Queensland State Government (Qld Government) special leave to appeal the Queensland Court of Appeal’s March 2018 decision in favour of the liquidators of...

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Linc Energy: appeal decision delivered

JWS has achieved a significant win on the Linc Energy appeal, in which we acted for Linc’s liquidators, PPB, against the Queensland State Government. The matter relates to the obligation of the...

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Final destination: High Court decides market ‘in Australia’ for the Air Cargo Cartel

The High Court’s decision is the final (Australian) chapter in the long running Air Cargo Cartel matter. Between 2008 and 2010, the Australian Competition and Consumer Commission (ACCC) issued...

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Linc Energy (In Liq): Liquidators obliged to prioritise State environmental laws despite disclaimer

The decision of Jackson J has wide-ranging consequences for the insolvency industry, as the outcome effectively relegates (at least in QLD) liquidator remuneration, employee entitlements and all...

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Court approval of litigation funding agreements for liquidators

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

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Discovery take second chair in NSW Supreme Court

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...

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