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Supreme Court of Queensland outlines the consequences of providing for a "fair market value" in relation to the valuation of joint venture interests

Gilbert + Tobin
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Australia
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August 19 2011

Vale Belvedere Pty Ltd v BD Coal Pty Ltd 2011 QSC 173 concerned a joint venture agreement between the parties, under which Vale Belvedere Pty Ltd (Vale Belvedere) had exercised an option to purchase the interests of BD Coal Pty Ltd (BD Coal

Supreme Court of Victoria considers grounds for oppressive conduct in Grego v Copeland & Ors

Gilbert + Tobin
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Australia
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December 14 2011

This case concerned proceedings brought by Mr Frank Grego, a shareholder of Jimmi Dexta Pty Ltd (Jimmi Dexta), against the company's other shareholders, alleging oppressive conduct under s232 of the Corporations Act 2001 (Cth

Federal Court of Australia considers the effect of an entire agreement clause on oral evidence in Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3)

Gilbert + Tobin
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Australia
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December 14 2011

This case concerned several contracts where Clear Telecoms (Aust) Pty Ltd, Australian Equipment Rentals Pty Ltd and Quick Fund (Australia) Pty Ltd (the Respondents) had agreed to provide telecommunications services to Prosperity Group International Pty Ltd and Worldnet Corporation Limited Pty Ltd (the Applicants

Supreme Court of NSW considers shareholders' rights upon entering into share surrender agreements in McLaughlin v Dungowan Manly Pty Ltd (No 3)

Gilbert + Tobin
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Australia
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September 22 2011

This case concerns a long-running dispute between the parties which began in 2006

Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd

Gilbert + Tobin
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Australia
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March 22 2012

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital

NSW Court of Appeal considers the scope of a vendor's warranty in a business sale in Aysun Pty Ltd v Cregan

Gilbert + Tobin
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Australia
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September 22 2011

This case arose from the Cregans' sale of their hotel business to Aysun Pty Ltd (Aysun

PPSA register commenced on 30 January 2012 but it's not all smooth sailing

Gilbert + Tobin
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Australia
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March 22 2012

The national Personal Property Securities (PPS) Register commenced on Monday, 30 January 2012

Supreme Court of NSW considers the exercise of a shareholder's special constitutional powers outside of a general meeting in Gerard Cassegrain & Co Pty Limited v Cassegrain

Gilbert + Tobin
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Australia
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December 14 2011

The defendant was a director of the plaintiff company, Gerard Cassegrain & Co (GC & Co). GC & Co sought an order that the defendant pay compensation for alleged breaches of his fiduciary duty as a director

COAG sets out a new milestone for national reform of directors' liability

Gilbert + Tobin
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Australia
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September 22 2011

Currently, directors and officers are subject to various Federal, State and Territory laws governing directors' liability

Further reforms to executive remuneration laws announced

Gilbert + Tobin
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Australia
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March 22 2012

Following recommendations made by the Corporations and Markets Advisory Committee, the Government has announced that it will amend the Corporations Act 2001 (Cth) in order to improve disclosure in executive remuneration reports

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