Publications

Date Title Author Practice Area
23 Jun 2015

Shareholders Meetings - Convening and Business

Two recent cases provide guidance on the powers of directors and shareholders to convene company meetings and the resolutions that can be put to meetings.

Directors’...

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Sarah Johnson Corporate Advisory
18 Jun 2015

Disclaimer of real property by trustees in bankruptcy and liquidators

Increasingly, trustees in bankruptcy and liquidators are disclaiming property. This article will outline what is meant by disclaiming property, the effect a disclaimer has upon...

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Dispute Resolution & Insolvency
18 Jun 2015

The obligation of a liquidator or receiver to retain funds from the proceeds of sale of an asset sufficient to meet prospective tax liabilities

On 17 April 2015 the High Court granted the Commissioner of Taxation (Commissioner) special leave to appeal the decision of the Full Federal Court in the...

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Sarina Roppolo Dispute Resolution & Insolvency
18 Jun 2015

Supreme Court determines question of whether a breach of warranty of authority is an apportionable claim

Kemp Strang recently acted for the Lender in the matter of Permanent Custodians Limited v Geagea and Ors [2014] NSWSC 562 and (no.3) [2014] NSWSC 1489 in which the...

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Michael Wirth Dispute Resolution & Insolvency
09 Jun 2015

Threat to Security - Management and Letting Rights Agreements

The recent decision of Vie Management Pty Ltd (Receivers and Managers Appointed) (In Liquidation) v Body Corporate for Gallery Vie [2015] QCAT 164 (published on 29 May...

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Banking, Finance & Property
24 Mar 2015

When is a worker bullied "at work"? Full bench defines key terminology

In the decision of Bowker & Ors v DP World Melbourne Ltd t/a DP World...

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Employment
24 Mar 2015

WHS update – turning a blind eye to risks or being too blunt / “full on” can be costly in more ways than one

Employer understanding of employee duties key to mitigate risks

In a decision handed down last month in the District Court of NSW (Inspector McCarthy (nee Shaw) v...

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Employment
24 Mar 2015

Case shorts

1. Reasonable notice of termination

The decision by the High Court of Australia to refuse special leave to appeal(...

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Employment
23 Mar 2015

Certainty of Drafting Letter of Credit - Lessons for Surety

A recent decision of the New South Wales Supreme Court of Appeal (Griffin Energy Group Pty Ltd (subject to Deed of Company Arrangement) v ICICI Bank Limited [2015]...

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Bill Chapman Banking, Finance & Property
18 Mar 2015

When a Letter of Credit Expires

The New South Wales Supreme Court of Appeal recently had occasion to consider the construction of letters of credit issued by ICICI Bank Limited in favour of Griffin Energy...

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David Murray-Nobbs Banking, Finance & Property
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