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Corporations Law
Selig v Wealthsure Pty Ltd [2015] HCA 18 (13 May 2015) I refer you to the judgment summary. Where there are multiple claims arising from the same facts, the High Court unanimously held that the defence of non-apportionable claims can be maintained, even if they are for the same loss. In this instance, Mr and...
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Weinstock v Beck [2013] HCA 14 I refer you to the judgment summary.   David Cormack – Brisbane Barrister.
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Beck v Weinstock [2013] HCA 15 (1 May 2013) I refer you to the judgement summary.   The plurality (Hayne, Crennan and Kiefel JJ) said: “As Handley AJA rightly pointed out, however, it is necessary to distinguish between the rights attached to a share and the enjoyment of those rights. The holder of a share...
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In Roma Pty Ltd v Adams & Anor [2012] QCA 347 A recent example of the need to be vigilant and respond to matters of fact in a pleading or face the prospect of a deemed admission under UCRP R.166. Brisbane Barrister – David Cormack
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Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...
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I refer you to the summary of these decisions: Shafron v Australian Securities and Investments Commission [2012] HCA 18 (3 May 2012)  (PDF32K) And in particular the following may be construed from wording in s.9 paragraph (b)(i) “who makes,  or participates in making, decisions that affect the whole, or a  substantial part, of the business of...
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Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 293 (25 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 294 (26 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v...
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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…
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Phoenix Constructions Queensland Pty Ltd v Coastline Constructions Pty Ltd and Michelle McCracken and Jarrod McCracken [2011] QSC 167 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 company to enter...
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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....
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