Allens Arthur Robinson Ceresola TLS AG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 The Supreme Court of Queensland has refused to grant an injunction restraining a party from calling on a bank guarantee despite there being serious questions to be tried. The Court affirmed the general rule that, in the...Read More
Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd & Ors [2010] HCA 29 Further to my earlier posting concerning the Special Leave Application, I refer you to the media statement by the High Court dismissing the appeal. Brisbane Barrister – David CormackRead More
Allens Arthur Robinson In brief: The far-reaching personal property securities reform is due to come into force in May 2011 and companies with significant intellectual property assets will be affected by the sweeping changes the new legislation will bring to Australia’s commercial law. Partners Diccon Loxton (view CV) and Tim Golder (view CV), Special Counsel...Read More
5 May 2010 | by The New Lawyer At least 10 class actions being stymied by a litigation funding stalemate were unlocked yesterday as the Federal Government confirmed it would introduce new regulation to undo a Federal Court decision made last year Read more in theNewLawyer and reproduced with permission.Read More
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...Read More
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...Read More
Further to my earlier posting and the Discussion Paper on proposed regulations to be made under the Personal Property Securities Act 2009 . The next step has been taken with the release of an Exposure Draft and Commentary for the Personal Property Securities Regulations 2010. The closing date for submissions is 4 June 2010. Brisbane Barrister –...Read More
Further to my earlier posting the Personal Property Securities (Corporations and Other Amendments) Bill 2010 has been introduced to the Commonwealth parliament. The Bill amends the Corporations Act and the PPS Act, together with a number of consequential amendments to other legislation. Brisbane Barrister – David CormackRead More
I refer to my earlier postings in respect of the PPS reform and note the draft bill has been released for comment by 22 January 2010. Brisbane Barrister – David CormackRead More
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