Publications

Date Title Author Practice Area
21 Oct 2015

Creditors should think twice before alleging misleading and deceptive conduct in an insolvency context

On 29 September 2015, in Fonterra Brands (Australia) Pty Ltd v Viropoulos (No 3) [2015] FCA 1050 the Federal Court dismissed an application by Fonterra Brands (...

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Dispute Resolution & Insolvency
21 Oct 2015

Key issues with emerging security for costs options in funded litigation

Introduction

In two recent decisions, the Supreme Court of Victoria has provided useful practical guidance on the type of evidence that will be required when a...

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Dispute Resolution & Insolvency
24 Jul 2015

Updated ASX Guidance Note 8 – Continuous Disclosure

On 1 July 2015, ASX released an important update to ASX Guidance Note 8: Continuous Disclosure, which provides guidance on compliance with the continuous disclosure...

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Corporate Advisory
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
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