41-50 of 52 results
Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...
Trends over the past year in the Australian projects and infrastructure sectors
A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Vietnam Legal Update: New Law on Bankruptcy to take effect in January
Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...
Federal Court rules liquidator needn't account for tax on sale of assets
The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...
Take care! Court confirms the devil in the details for PPSA registrations
In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...
Finally - a class action regime for Queensland
Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...
New environmental responsibilities for corporates, officers, financiers and others in Queensland
The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
The end of the PPSA transitional period - what happens now?
With the end of the transitional period under the personal property securities legislation fast approaching those entities that rely upon having interests in property held by others must act now to ensure those interests are properly registered even where they are transitional so there is no loss of ...