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Results: 1-10 of 195

Section 1322 rescuing schemes of arrangement

Gilbert + Tobin
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Australia
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June 11 2013

As we know, schemes of arrangement are commonly used to implement change of control transactions involving widely held ASX listed targets. Gilbert

Supreme Court of Queensland considers de-facto directors in International Cat Manufacturing Pty Ltd (in liq) & Anor v Rodrick & Ors

Gilbert + Tobin
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Australia
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June 7 2013

This case involves an interesting discussion of the types of circumstances that may mean that a person is acting in the position of a director within

Supreme Court of New South Wales discusses limits on a claim for breach of confidence in Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd

Gilbert + Tobin
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Australia
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June 7 2013

This case highlights some important points concerning confidential information. Firstly, the loss suffered (or gain made) as a result of a breach of

Supreme Court of Victoria finds a vendor’s silence not misleading or deceptive in Charles Lloyd Property Group Pty Ltd v Buchanan

Gilbert + Tobin
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Australia
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June 7 2013

The Court held in this case that for a finding of misleading and deceptive conduct, the circumstances of the sale of land need to have given rise to

Supreme Court of Victoria finds that a party’s conduct (including silence) prevented a subsequent claim for breach of contract in Cedar Meats Pty Ltd v Five Star Lamb Pty Ltd

Gilbert + Tobin
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Australia
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June 7 2013

This case provides an interesting example of when a contract will have been abandoned, and how the doctrines of estoppel and waiver may apply to

Court finds “contractors” were employees

Gilbert + Tobin
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Australia
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May 7 2013

A recent decision of the Full Federal Court reminds employers about incorrectly engaging workers as independent contractors, rather than employees

The oracle on sexual harassment

Gilbert + Tobin
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Australia
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May 7 2013

In Richardson v Oracle Corporation Australia Pty Ltd 2013 FCA 102, the Federal Court held that Oracle was vicariously liable for the prolonged

Federal Court rules capital gain on disposal of mining investment not taxable to offshore pooling vehicle

Gilbert + Tobin
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Australia
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May 7 2013

On 26 April 2013 the Federal Court of Australia handed down a decision on the treatment of a disposal of shares in an Australian listed mining

TPG Internet Pty Ltd v Australian Competition & Consumer Commission (No 2) 2013 FCAFC 37

Gilbert + Tobin
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Australia
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April 30 2013

The Full Federal Court ordered TPG to pay a $50,000 penalty in respect of TPG’s initial misleading television advertisement and its failure to

ACCC v Excite Mobile Pty Ltd 2013 FCA 350

Gilbert + Tobin
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Australia
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April 30 2013

The Federal Court found that Excite Mobile engaged in false and misleading and unconscionable conduct in its provision of mobile phone services to