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Results: 1-10 of 279

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

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

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

Mirabela Nickel Ltd

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • July 1 2014

First occasion where a deed administrator has sought leave under section 444GA of the Corporations Act 2001 (Cth) (theAct) in respect of a publicly

Federal court applies a liberal construction of its power under section 1322(4)(a) of the Corporations Act 2001 (Cth): Macquarie Securities (Australia) Limited, in the matter of Macquarie Securities (Australia) Limited 2014 FCA 455

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • June 24 2014

The Federal Court has granted relief under section 1322(4)(a) of the Corporations Act 2001 (Cth) (Act) for a transfer of shares of a company to a

When will a restraint of trade clause in a business sale be reasonable?: RPR Maintenance Pty Ltd v Marmax Investments Pty Ltd 2014 FCA 409

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • June 24 2014

This case provides a useful summary and analysis of the factors that a court will consider when deciding whether a restraint in a sale of business

Unclear drafting may jeopardise payment of a success fee: Carlow Castle Pty Ltd trading as Greenhill Capital Partners v Aztec Resources Limited 2014 NSWSC 123s

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • June 24 2014

The New South Wales Court of Appeal was persuaded by commercial sense in construing the conditions for payment of a takeover success fee. The Court

Refusing to work overtime justifiable?

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • June 5 2014

In Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal

Federal Court cancels shares for non-disclosure of beneficial ownership in a company in financial strife: Australian Securities & Investment Commission v Craigside Company Limited (No 2) 2014 FCA 371

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

As part of its continuing focus on maintaining fair and efficient financial markets in Australia, ASIC has taken action against an offshore investor

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