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Results: 1-10 of 62

Unauthorised and dishonestly obtained termination payments recouped from directors: Invion Ltd v SGB Jones Pty Ltd & Ors 2014 QSC

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 29 2014

This case illustrates the importance of ensuring that any board delegations of authority (in this case in relation to the remuneration of executives

When will a contract by frustrated for illegality?: PT Arutmin Indonesia v PT Thiess Contractors Indonesia 2013 QSC 332

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

The Supreme Court of Queensland refused to find that changes in the law which affected a company's ability to engage a contractor or changes to the

When can a lender form an opinion that a MAC has occurred?: Minumbra Lancewood Pty Ltd v AM Lancewood Investment Nominees Pty Limited 2013 NSWSC 1929

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

This case illustrates the challenges inherent in interpreting MAC clauses given they tend to be heavily negotiated and tailored provisions, with the

Deficient record keeping of an adviser's reasonable basis for providing financial advice may not be fatal but take care: Dennis v Chambers Investment Planners Pty Ltd (Administrators Appointed) (No 3) 2014 FCA 648

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 29 2014

This case provides a useful analysis of the contractual and common law duties of financial advisers to exercise reasonable care and skill in

Supreme Court of Victoria considers whether a shareholders agreement was effective as a resolution to amend a constitution in Re Rectron Electronics Pty Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 19 2013

The Supreme Court of Victoria upheld the resolutions passed at a directors' meeting conducted on the footpath outside the company's office after the

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

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
  • -
  • Australia
  • -
  • 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

Defective substantial shareholder notices found to be unacceptable by the Takeovers Panel in Northern Iron Limited 2014 ATP 11

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 29 2014

This decision by the Takeovers Panel illustrates the importance of sufficient and timely disclosure in substantial shareholder notices of the

When will an “in principle” settlement agreement be enforceable? Sayed v National Australia Bank Limited

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • October 24 2013

An "in principle" settlement agreement which was expressed to be "binding but subject to formal deed that will contain further terms not

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