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Legal perspectives from our expert lawyers
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One of the issues that directors of companies regularly face is the extent to which they can rely on their employees or external advisors in fulfilling their role. This is particularly so when it comes to financial decision making. A director may try...
Deciding how to dispose of a person’s body after death can be an emotionally charged time for many families, whose members may have diverging views about the most appropriate way to honour their loved ones. If a body is to be cremated, the divi...
One would assume that people would think twice before using Pokémon’s jealously guarded characters without Pokémon’s permission. However, as seen in the recent case of Pokémon Company International, Inc v Redbubble Ltd [2017] FCA 1541, some ...
The recent decision of Brereton J in In the matter of SurfStitch Group Limited [2018] NSWSC 164 reinforces the nature and fundamental importance of the exercise of making a “just estimate” of the value of creditors’ claims for voting purpose...
SUMMARY In this article, we consider a number of recent authorities on whether an insolvent trustee company’s right of indemnity in trust assets is property of the company for the purposes of the Corporations Act 2001 (...
It may now be easier for Australian insolvency practitioners to carry out investigations and recover assets located in Hong Kong and in mainland China. On 8 February 2018, and for the first time, the High Court of Hong Kong granted an application for...
The High Court will consider the validity of “holding” deed of company arrangements (commonly known as “holding DOCAs”) under the Part 5.3A of the Corporations Act (the Act). Holding DOCAs have bee...
When it comes to writing an email, a formal letter to a colleague, or even a text message to a friend, the ramifications are generally insignificant. However, in the context of legal drafting, mistakes, however small, can have significant financial c...
In the latest chapter in the saga concerning the collapse of Storm Financial Ltd, the Federal Court of Australia last week determined what penalties were to be issued to the directors. Trouble in paradise: the breaches in question St...