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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

Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement

Gilbert + Tobin
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Australia
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February 28 2013

On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty

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

Penalties imposed on James Hardie officers what does this mean for officers?

Gilbert + Tobin
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Australia
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November 15 2012

On 12 November, 2012, the New South Wales Court of Appeal handed down its decision on penalties for the non-executive directors and company secretarygeneral counsel of James Hardie Industries Ltd (JHIL) in the latest decision in this long running litigation

The Centro decision - be alert but not too alarmed

Gilbert + Tobin
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Australia
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July 6 2011

The decision of the Federal Court in Australian Securities & Investments Commission v Healey & Ors 2011 FCA 717 has no doubt raised anxiety levels for a number of non-executive directors, concerned that they must now become experts in accounting standards

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

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

The Centro decision - some lessons for not for profit bodies

Gilbert + Tobin
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Australia
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July 14 2011

The decision of the Federal Court in Australian Securities & Investments Commission v Healey & Ors 2011 FCA 717, relating to the 2007 accounts of companies in the Centro group, has no doubt raised anxiety levels for a number of company directors, concerned that they must now become experts in accounting standards

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