The Commercial Bar Association of Victoria Inc. A0120851O
In a recent decision, Justice Anastassiou of the Federal Court held that liquidators of a solvent company may be entitled to the remedies available under the Corporations Act where that company is found to have made an unreasonable director-related transaction in breach of section 588FDA of the Act.
This note deals with a recent Federal Court decision in respect of freezing orders to prevent dissipation of assets in a subsidiary of a judgment debtor.
The High Court has reiterated the primacy of deterrence in determining civil penalties, reinstating the maximum penalty against a serial offender. The majority held that the purpose of deterrence was not constrained by notions of proportionality, that might otherwise be drawn from the criminal law.
In a members’ voluntary winding up, the Court exercised its powers under s 1322 of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) to cure issues arising from the passing of important members’ resolutions by power of attorney.
The Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) has expanded the methods by which documents under Chapter 5 of the Corporations Act 2001 (Cth) can be served, even where the person being served has given no indication that they will accept service electronically.
A decision of the Court of Appeal of South Australia has set a relatively high bar both for the clarity of the manifestation of the parties’ agreement that there be an appeal on a question of law under s 34A(1)(a) and the obviousness of the error required to be shown to obtain leave under s 34A(3)(c)(i).
The Full Court of the Federal Court confirms that a statutory set-off under s 553C(1) of the Corporations Act 2001 (Cth) is not available against a liquidator’s claim for the recovery of an unfair preference under s 588FA of the Act.
In resolving the determination of a priority dispute between a beneficiary of a trust and an equitable mortgagee, the Court applied principles regarding “postponing” conduct to beneficiaries (and the rule in Shropshire’s case) and considered the relevance of surrounding commercial circumstances, including the failure to caveat.
This note considers the CAS decision to uphold the lifting of the provisional suspension of Kamila Valieva, a 15 year old Russian figure skater. The provisional suspension had come at a critical time for the athlete, who was otherwise a favourite for a gold medal at the Beijing Winter Olympic Games.
Whether description of premises in an agreement for lease sufficiently certain.
Copyright Infringement – Compensatory Damages – Additional Damages
Patents – interlocutory injunction – weak prima facie case – invalid extension of term – balance of convenience otherwise finely balanced