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Results: 1-10 of 614

RK business insights October 2014

  • Russell Kennedy
  • -
  • Australia
  • -
  • October 29 2014

On 22 September 2014, the Competition Policy Review Panel released its draft report which, among other things, sets out recommendations to reform and

Dangers of irrevocable authorities and breaches of fiduciary duty

  • Cooper Grace Ward
  • -
  • Australia
  • -
  • October 24 2014

When a debtor owes money to a creditor, it is not uncommon for the debtor to propose that the creditor be paid from the proceeds of a sale or other

Investigation ordered into controller’s performance of its functions and powers under s423 of the Corporations Act

  • Corrs Chambers Westgarth
  • -
  • Australia
  • -
  • October 24 2014

Quality Blended Liquor Pty Ltd (QBL) was involved in the business of selling alcohol wholesale and was operated by a family through a company they

Great news for builders, bad news for Bodies Corporate: what a landmark High Court decision may mean for Bodies Corporate

  • Piper Alderman
  • -
  • Australia
  • -
  • October 22 2014

A recent decision of the High Court of Australia means that builders of strata-titled schemes do not owe a duty of care to owners’ corporations for

Liquidator of corporate trustee entitled to remuneration from the trust assets

  • Allens
  • -
  • Australia
  • -
  • October 17 2014

A recent Federal Court decision has confirmed that liquidators of a corporate trustee are entitled to be remunerated out of the trust assets for

The price for being “unreasonable” Body Corporate ordered to pay costs in management rights dispute

  • Piper Alderman
  • -
  • Australia
  • -
  • October 13 2014

The Queensland Civil and Administrative Tribunal is ordinarily a "no cost" jurisdiction - meaning that parties to a dispute ordinary bear their own

Issuing employee shares - the rocky path that can follow

  • Addisons
  • -
  • Australia
  • -
  • October 7 2014

A recent decision of the Federal Court of Australia in MG Corrosion Consultants Pty Ltd v Gilmour 2014 FCA 990 highlights the difficulties that can

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

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

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