Month

April 2010
Piatek v Piatek and Another; Piatek v Piatek [2010] QSC 122 His Honour Daubney J in an extempore judgment dismissed the application to withdraw or have the Notices to Admit dismissed. It is a reminder of the importance of considering Notices to Admit carefully. His Honour applied the seminal decisions of Rigato Farms Pty Ltd...
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On 23 April 2010, the Minister for Financial Services, Superannuation and Corporate Law announced released an Exposure Draft in respect of the Government’s decision to reverse the effect of the High Court’s decision in Sons of Gwalia v Margaretic. Shareholders will no longer be able to rank as creditors with ordinary unsecured creditors in corporate...
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N.K. Collins Industries Pty Ltd AND Peter Vincent Twigg (C/2009/56)  The Industrial Court of Queensland has found against the principles set down by the High Court in the Kirk decision, on the basis that the relevant legislation in Queensland and New South Wales can not be considered analogous. Read more of the article by Norton Rose....
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Further to earlier postings about the discussion paper concerning WorkCover Queensland’s common law reforms, I refer you to the full media statement by the Premier and Attorney General published today. [Excerpt only] No restrictions The Queensland Government has ruled out placing any restrictions on injured workers’ access to common law claims for compensation. Harmonisation with...
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CSR Limited, in the matter of CSR Limited [2010] FCAFC 34 (23 April 2010) I refer to my earlier posting with respect to the demerger proposal of CSR and the concerns about payment of their asbestos liabilities. The Full Court of the Federal Court has allowed CSR’s appeal to demerge. KEANE CJ, FINKELSTEIN AND JACOBSON JJ:...
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SEVEN Network’s $3 billion merger with Kerry Stokes’s privately owned industrial equipment business has been approved by the Federal Court. Justice Peter Jacobson gave the scheme of arrangements for the union the green light today. “There’s nothing to suggest that the unrelated shareholders or the TELYS3 holders voted otherwise than in good faith,” Justice Jacobson...
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Credit (Commonwealth Powers) Act 2010 (QLD) Date of enactment: 23 April 2010 I refer you to the summary on the Supreme Court of Queensland Library site: An Act to adopt the National Consumer Credit Protection Act 2009 (Cwlth) (as amended) and the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cwlth), and to...
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Till v Nominal Defendant [2010] QSC 121   The application regarding Mr Till’s capacity was brought by his lawyer in circumstances where Mr Till refused to be examined by a psychiatrist to determine capacity. The principal question was whether there was jurisdiction to intervene and if so on what basis. The incident giving rise to...
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Vos v Hawkswell & Anor [2010] QCA 92   I refer to my earlier posting regarding the primary findings on fact and the rationale for it by his Honour Searles DCJ. The appeal principally centred on accepting the factual and credit findings of his Honour Searles DCJ and then applying Rains v Frost Enterprises Pty...
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