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Insolvency

Pokémon pops Redbubble in the Federal Court

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 ...

Published by Andrew Lacey
10 April, 2018
Government and Administrative Law

Shareholder class action claimants entitled to “just estimate” of claims for voting purposes.

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...

Published by Andrew Lacey
5 April, 2018
Employment

Insolvent Trading Trusts: You can go your own way.

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 (...

Published by Andrew Lacey
4 April, 2018
Employment

Foreign liquidators gain traction in Hong Kong’s High Court

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...

Published by Andrew Lacey
3 April, 2018
Insolvency

Validity Of Holding DOCAs In Doubt

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...

Published by Andrew Lacey
2 April, 2018
Commercial

Why lawyers sweat the small stuff: 5 million reasons to include that comma

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...

Published by McCabes News
28 March, 2018
Litigation and Dispute Resolution

The consequences for breaching directors duties: what you face when the storm passes

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...

Published by Andrew Lacey
27 March, 2018
Employment

Would President Trump’s tweet that fired the United States’ Secretary of State, fly in Australia?

President of the United States, Donald Trump, fired his Secretary of State, Rex Tillerson, by tweet. It has been reported that Mr Tillerson learned his fate via the social media platform, which restricts messages to 280 characters or less. Althoug...

Published by McCabes News
26 March, 2018
COVID-19

Can an employee’s personal use of social media amount to grounds for dismissal?

A brief look at decisions involving termination of employment for conduct involving social media reveals that employers often take swift disciplinary action following what they consider to be inappropriate conduct on social media by an employee. Howe...

Published by McCabes News
8 March, 2018
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