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PPSA registration commencement time currently looks to be 30 January 2012
  • Gilbert + Tobin
  • Australia
  • December 9 2011

The Attorney-General's Department has confirmed that the last significant activity required before commencement of the PPS system occurred on 21 November 2011


The PPSA commencement date to be delayed beyond 31 October 2011
  • Gilbert + Tobin
  • Australia
  • September 22 2011

On 2 September 2011, the Commonwealth Attorney General's department advised that commencement of the Personal Property Securities Act 2009 (PPSA) and PPS Register will be delayed, as the proposed 31 October 2011 commencement date was not achievable


COAG sets out a new milestone for national reform of directors' liability
  • Gilbert + Tobin
  • Australia
  • September 22 2011

Currently, directors and officers are subject to various Federal, State and Territory laws governing directors' liability


Supreme Court of Victoria finds total failure of consideration in JD No 6 (Dava) Pty Ltd & anor v P Battlay Holdings Pty Ltd & anor
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case concerned an agreement between the parties under which P Battlay Holdings Pty Ltd (PHB) granted JD No 6 (Dava) Pty Ltd (JD) an option to purchase one of PHB's properties


Close of submissions on senate inquiry into FIRB's "national interest test"
  • Gilbert + Tobin
  • Australia
  • September 22 2011

A Senate inquiry into the adequacy of the "national interest test" after community concerns about foreign acquisition of Australian agricultural land was launched in July, chaired by Senator Bill Heffernan


NSW Court of Appeal considers the scope of a vendor's warranty in a business sale in Aysun Pty Ltd v Cregan
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case arose from the Cregans' sale of their hotel business to Aysun Pty Ltd (Aysun


Federal Court considers request for inspection of company books in Hanks v Admiralty Resources NL
  • Gilbert + Tobin
  • Australia
  • September 22 2011

In this case, the plaintiff was a minority shareholder who held 0.00005 of the issued capital in Admiralty Resources NL (Admiralty


Supreme Court of NSW considers shareholders' rights upon entering into share surrender agreements in McLaughlin v Dungowan Manly Pty Ltd (No 3)
  • Gilbert + Tobin
  • Australia
  • September 22 2011

This case concerns a long-running dispute between the parties which began in 2006


Supreme Court of Victoria considers grounds for oppressive conduct in Grego v Copeland & Ors
  • Gilbert + Tobin
  • Australia
  • December 14 2011

This case concerned proceedings brought by Mr Frank Grego, a shareholder of Jimmi Dexta Pty Ltd (Jimmi Dexta), against the company's other shareholders, alleging oppressive conduct under s232 of the Corporations Act 2001 (Cth


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