How should the liquidator of an insolvent trustee company ensure payment out of trust assets of the entirety of his or her remuneration and expenses? According to the Federal Court , from the...
Last week, the Full Federal Court (per Davies, Moshinsky and Steward JJ) handed down a decision in Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120.
Australia’s insolvency laws are changing, yet again.
On 3 July 2019, the Australian Securities and Investments Commission (ASIC) issued the long-awaited Consultation Paper 315 (CP 315), setting out its proposals for the new regulatory regime for...
We have started to see the Federal Court use its discretionary powers in respect of class actions to order defendants to disclose their insurance policies to plaintiffs.
The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...
These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.
The Supreme Court of New South Wales has held that, in relation to defamation liability, media companies are deemed to be the publishers of any comments posted to their public Facebook pages by...
In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.
The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...
The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...
By a 4:3 majority, the High Court of Australia has upheld the Full Federal Court’s decision regarding the actions of a storekeeper who provided a “book-up” credit service to indigenous residents in...
As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.
A short case summary on the recent Osteo Gel case.
On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings...
With effect from 1 July 2018, a new withholding regime for GST will require purchasers to withhold an amount from the purchase price for ‘new residential premises’ and for ‘potential residential...
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.
The NSW Supreme Court has reaffirmed the criteria for a Court to inquire into a liquidator’s conduct
The recent sale of Black Oak Minerals Limited (Black Oak) to Ramelius Resources Limited (ASX: RMS) (Ramelius) shows that section 444GA of the Corporations Act 2001 (Cth) (the Act) can be used to...
What are employee incentive plans and why do employers use them?
Dealing with the important question of a receiver’s obligation to retain money for post-appointment tax liabilities.
Amit Jois reflects on the key takeaways from the 2019 Global AgInvesting conference in NYC
New criminal offences were introduced by Federal Parliament today via the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019.
We bring you the key taxation reforms announced by Treasurer Josh Frydenberg in the 2019/20 Australian Federal Budget. Unsurprisingly, with the next Federal election due sometime in May, the main...