Archive for the 'Corporations Law' Category

HCA: transcripts of the ASIC appeal hearing against the former office holders of James Hardie

Friday, October 28th, 2011

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Chaplaincy fight tests nationhood powers

Thursday, July 21st, 2011

Sydney Morning Herald Dan Harrison July 21, 2011 NSW has joined a Queensland father in challenging the constitutional validity of the controversial national school chaplaincy program, arguing the scheme exceeds the federal government’s powers. Read more…

Company directors – improper conduct

Monday, July 4th, 2011

Phoenix Constructions Queensland Pty Ltd v Coastline Constructions Pty Ltd and Michelle McCracken and Jarrod McCracken [2011] QSC 167 Allens Arthur Robinson The Supreme Court of Queensland has made an award of damages under the Corporations Act 2001 (Cth) for the ‘improper’ conduct of a company director. On the facts, the director had caused the [...]

The Centro decision and the approval of financial statements

Thursday, June 30th, 2011

Allens Arthur Robinson In brief: This week’s Federal Court decision in relation to ASIC’s case against Centro’s directors demonstrates how demanding a director’s duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it. [...]

HCA: dishonesty and evidence of “good character”

Wednesday, May 11th, 2011

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Setting aside statutory demands & strict compliance with time limits

Thursday, April 7th, 2011

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Focus: Insured’s entitlement to reinsurance recoveries of HIH entities

Thursday, March 17th, 2011

 Allens Arthur Robinson In brief: Members of the former James Hardie Group insured by HIH have established their entitlement to payment of reinsurance recoveries held by the liquidators of HIH. Partner Dean Carrigan (view CV), Lawyer Larissa Chu and Law Graduate Alexander Edwards report. Background The decision Conclusion   Reproduced with permission of Allens Arthur [...]

Focus: Fortescue appeal decision confirms high continuous disclosure standards

Saturday, February 26th, 2011

Allens Arthur Robinson In brief: The Full Federal Court recently handed down its appeal decision overturning the trial judge, and finding that Fortescue Metals Group misled the market and failed to comply with its continuous disclosure obligations in connection with announcements to the ASX and the media in 2004. Partner Richard Harris (view CV) , [...]

Fiduciary responsibilities of company directors

Wednesday, February 16th, 2011

Streeter v Western Areas Exploration Pty Ltd [No 2] [2011] WASCA 17 The fiduciary duties of directors are comprehensively reviewed by the WA Court of Appeal. I refer to the judgment of Murphy JA at paragraphs 364 – 454. Brisbane Barrister – David Cormack

CSR’s appeal allowed on demerger (asbestos liabilities)

Tuesday, April 27th, 2010

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David Cormack, Barrister