We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 73

When will a dividend be mandatory?: Wambo Coal Pty Ltd v Sumiseki Materials Co Ltd 2014 NSWCA 326

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

This case illustrates that whether a dividend is mandatory depends on the true construction of the relevant provisions (in this case in the company's

Guidance on when a contractual breach will be remedied: Heugh v Central Petroleum Ltd No 5 2014 WASC 311

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

This case provides useful insight into when a serious breach of a contract will be remedied, in this case in the context of an employment contract

No implied term of mutual trust and confidence in employment contracts: Commonwealth Bank of Australia v Barker 2014 HCA 32

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • November 18 2014

The High Court of Australia has unanimously held that under Australian common law, employment contracts do not contain an implied term of mutual

Federal Court gives broad scope to the prohibited termination benefits regime in Part 2D.2 of the Corporations Act 2001 (Cth): Queensland Mining Corporation Ltd v Renshaw 2014 FCA 365

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • May 28 2014

This case provides some useful guidance on Part 2D.2 of the Corporations Act 2001 (Cth) in relation to termination benefits. Importantly, the Court

Finding a ‘fraudulent and dishonest design’ for the purpose of liability of third parties who knowingly assist in a breach of fiduciary duty: Hasler v Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad Pty Ltd 2014 NSWCA 266

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

There have been inconsistent formulations of the "dishonest and fraudulent design" element of the second limb of Barnes v Addy since the Court of

An entitlement to rely on the statutory due execution assumptions does not confer proprietary rights good against third parties: Esperance Cattle Company Pty Ltd v Granite Hill Pty Ltd 2014 WASC 279

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

A sublessee was entitled to rely on the assumption of due execution under section 129(5) of the Corporations Act 2001 (Cth) in respect of a sublease

When will the time for payment be essential?: Liang Zhen Lin v BHW Capital Pty Ltd & Anor 2013 NSWSC 1786

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case illustrates the willingness of the Courts to imply a term that the time for payment is essential in circumstances where the timing was

What factors show there is a concluded and binding agreement?: Absolute Analogue Inc v Sundance resources Ltd No 3 2014 WASC 283

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 3 2014

This case provides some useful insight into the factors a court will consider when determining whether a concluded and binding agreement has arisen

When will actual receipt of a notice trump deemed receipt? APN Funds v Australia Property & Anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • December 18 2013

The Supreme Court of Victoria-Court of Appeal found that a typical deemed receipt of notices provision in a Unit Subscription and Put Option Deed