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Results: 1-10 of 21

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


Full Court of the Federal Court of Australia considers fiduciary and statutory duties owed by directors to a company in Omnilab Media Pty Limited v Digital Cinema Network Pty Ltd
  • Gilbert + Tobin
  • Australia
  • March 22 2012

This case concerned a joint venture company, Digital Cinema Network Pty Ltd (DCN), which negotiated with film studios and cinema owners in preparing Virtual Print Fee (VPF) agreements with regards to US film studies providing financial assistance to cinema owners converting movie projections from analogue to digital


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


NSW Court of Appeal considers the contractual meaning of a "reasonable commercial endeavours" clause in Cypjayne Pty Limited v Babcock & Brown International Pty Ltd
  • Gilbert + Tobin
  • Australia
  • August 19 2011

The appeal concerned a contract whereby Blue Hills Village Management (Liverpool) Pty Ltd (BHVML) had agreed to sell Allocated Places in its aged care facility to CAGCare Pty Ltd (CAGCare


Supreme Court of NSW considers scope of shareholder power in In the matter of Winlyn Developments Pty Ltd
  • Gilbert + Tobin
  • Australia
  • December 14 2011

In this case, 2 shareholders of Winlyn Developments Pty Ltd (Winlyn), Ms Yu Wen Cao and Mr Jinbiao Zheng, convened a general meeting of the company


Supreme Court of NSW considers the exercise of a shareholder's special constitutional powers outside of a general meeting in Gerard Cassegrain & Co Pty Limited v Cassegrain
  • Gilbert + Tobin
  • Australia
  • December 14 2011

The defendant was a director of the plaintiff company, Gerard Cassegrain & Co (GC & Co). GC & Co sought an order that the defendant pay compensation for alleged breaches of his fiduciary duty as a director


Treasury releases proposed directors' liability reforms for public consultation
  • Gilbert + Tobin
  • Australia
  • March 22 2012

On 27 January 2012, the Treasury released an exposure draft of the Personal Liability for Corporate Fault Reform Bill 2012


Further reforms to executive remuneration laws announced
  • Gilbert + Tobin
  • Australia
  • March 22 2012

Following recommendations made by the Corporations and Markets Advisory Committee, the Government has announced that it will amend the Corporations Act 2001 (Cth) in order to improve disclosure in executive remuneration reports


Bill introduced aiming to crack down on "phoenix" company activity
  • Gilbert + Tobin
  • Australia
  • March 22 2012

The Corporations Amendment (Phoenixing and Other Measures) Bill 2012 (Cth) was introduced into Federal parliament on 15 February 2012


Bill introduced to improve the standard of audits in Australia
  • Gilbert + Tobin
  • Australia
  • March 22 2012

The Corporations Legislation Amendment (Audit Enhancement) Bill 2012 (Cth) was introduced into Federal parliament on 29 February 2012