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On 3 May 2018, the Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) was passed. The Amendments make several significant changes to the Farm Debt Mediation Act 1994 (NSW) (FDMA),...
This week marked a significant development in the infamous and long running AWB scandal: the Victorian Court of Appeal shot down ASIC’s appeal against the finding that Peter Geary, the former Group General Manager of Trading of AWB, had...
The Full Court of the Federal Court has recently brought the long running saga between the ACCC and Flight Centre to an end. The dispute, which went on tour up and down the federal court system (including to the High Court) on multiple ...
Last week Gordon and Nettle JJ of the High Court of Australia scuttled Valve’s special leave application to appeal against last year’s judgment of the Full Court of the Federal Court. The case was concerned with whether Valve was requir...
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 (...