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Results: 1-10 of 704

Australia's shifting insolvency regime
  • Clifford Chance LLP
  • Australia
  • May 24 2016

In April 2016, the Australian Treasury Department released a Proposals Paper setting out proposals directed at improving the Australian insolvency


Availability of indirect market based causation to shareholders
  • McCabes
  • Australia
  • May 18 2016

The issue of how causation can be established has been one significant debate in Australian Securities class actions involving alleged breaches of


Corporate and Business Rescue in Australia: Insolvency Law Reform Process Continues as Government Releases Proposals Paper
  • Jones Day
  • Australia
  • May 12 2016

On 7 December 2015, the Australian Government released its "National Innovation and Science Agenda" ("Agenda"). In the Agenda, the Government


No green light for establishing causation in shareholder claims
  • Clayton Utz
  • Australia
  • May 12 2016

While shareholders may only need to establish indirect market causation, there are still significant obstacles for establishing shareholder claims


Class actions - can investors now sue without proving direct reliance?
  • McCullough Robertson
  • Australia
  • May 10 2016

The NSW Supreme Court recently handed down its decision in Re HIH Insurance Limited (In Liq). This long-running saga began with the collapse 15


No right to terminate for insolvency - call for comments
  • McCullough Robertson
  • Australia
  • May 10 2016

From a projects perspective, the key measure proposed involves constraining the use of clauses which allow contracts to be terminated solely due to


Special purpose receivers - court’s broad power to override trust deed
  • Corrs Chambers Westgarth
  • Australia
  • April 22 2016

This week’s TGIF considers In the matter of Banksia Securities Limited (in liquidation) (receivers and Managers Appointed) 2016 NSWSC 357 in w


Misconduct and mismanagement: Winding up on the just and equitable ground
  • Hall & Wilcox
  • Australia
  • April 19 2016

In most cases, the precondition for the appointment of a liquidator and the winding up of a company by a court is that a company is insolvent


Improper Motives - Court invalidates appointment of administrator
  • Corrs Chambers Westgarth
  • Australia
  • April 15 2016

Victorian Supreme Court rules that the appointment of an administrator was invalid, void and of no effect because the directors did not genuinely


High Court Redefines the Realms of Joining an Insurer to a Proceeding
  • McInnes Wilson Lawyers
  • Australia
  • April 14 2016

The High Court recently heard an appeal brought by CGU Insurance from a decision in the Supreme Court of Victoria, challenging a declaration that CGU