A recent Federal court decision highlighted the responsibilities of retailers while making representations in their advertisements and other campaign. In Australian Competition and Consumer Commission v Harvey Norman Holdings Limited Justice Collier explored the provisions of false representation and misleading conduct explained in the Trade Practice Act 1947. Facts: The “Harvey Norman” brand is well-known [...]
In a recent decision the NSW Court of appeals shed light on the responsibility of a mortgage broker while making representations to a mortgage manager. In Perpetual Trustee Company Limited v Milanex Pty Limited (in liquidation), Justice Macfarlan, while allowing the appeal, discussed the provisions relating to misleading and deceptive conduct and the liability of [...]
In a recent decision, the NSW Supreme Court considered the importance of restraint clauses in employment contracts. In Red Bull Australia Pty Ltd v Stacey1, Justice Rein upheld the right of a former employer to enforce a restraint clause on his former employees. Facts: Red Bull Australia Pty (Plaintiff), Ltd. deals with the production and [...]
In a recent decision, the Federal Court discussed issues pertaining to the grant of extension of time to convene meetings under section 439A (6) of the Corporations Act In Duncan, in the matter of Megafert Pty Ltd (Administrators Appointed), Justice Besanko granted an extension of three months for the time period in which the administrator [...]
In a recent case the NSW Court of Appeal shed light on certain limitations on the powers of a liquidator under s477(2) of the Corporations Act 2001. In Owners of Strata Plan 5290 v CGS & Co Pty Ltd the question was whether a liquidator could assign the debts of a company under s477(2)(c), where [...]
In Australia, retention of title clauses in terms of trade contracts offer protection to a supplier from non-payment for delivery of goods. The retention of title clause permits a supplier to retain ownership in the goods until payment is made. ROT clauses, if drafted and managed properly, offer valuable security to a supplier in the [...]
OVERVIEW Transfers of property which occur post-bankruptcy may not attract the avoidance provisions of the Bankruptcy Act 1996 (Cth) (the “Act”). The decision of the Federal Court in Trustees of the Property of Camm v Linke Nominees Pty Ltd [2010] FCA 1148 (Camm v Linke), scrutinizes the rights of Trustees’ in avoiding a transfer if [...]
Often the court relies on “trap” orders. What is a trap order? A trap order is imposed in order to gather evidence in litigation matters that revolve around claims based on misleading or deceptive conduct or passing off. However, in instances where one fails to give the respondent a notice about the trap dealing, the [...]
RE DALEWON PTY LTD [2010] QSC 311 The recent case in Re Dalewon highlights the conditions in which a liquidator of a corporate trustee is allowed to turn to trust assets to reclaim their fee and other expenses. In such a situation, the liquidator must produce clear proof which states that work carried out by [...]
It is ironic that in an era of technology, recording devices have been banned at company meetings. Or is it? The South Australian Supreme Court (SASC) in Alliance Craton Explorer Pty Ltd v Quasar Resources Ltd [2010] SASC 266, held that the use of recording devices can be prohibited at meetings by the Chairman. The [...]