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 the recent decision of Agripay Pty Ltd v Byrne the court considered some of the prospective complications that lenders face in enforcing guarantees given by spouses, in particular wives with no involvement in the business. In essence, it was determined that liability under a guarantee could be avoided where the spouse is not obtaining [...]
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 [...]
In the recent case of Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCA 44, the Full Federal Court held that computer generated databases are not protected by copyright laws as these do not add any literary value or human authorship to the original literary work. QUICK FACTS Telstra created a compilation from [...]
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 [...]
In an ideal world and a new decade, everyone would win the lottery and in this financial slowdown, all your money problems would disappear. While there isn’t much Sajen Legal can do about the first one, we can certainly offer you advice to help you protect your personal and professional financial portfolio, banishing those economic [...]
The regular tribulations of the Global Financial Crisis in the guise of unemployment and financial struggles have been dwarfed by a more sophisticated evil. Fraudulent activities and organized misbehavior disguised under a trend, known as ‘Phoenix activity’, although not a new trend, is gaining momentum in Australia in recent times. What is Phoenix activity? Phoenix, [...]
Forrest Gump was right. ‘Life is like a box of chocolates – you never know what you’re going to get!’ In the intellectual property game this is especially true for the chocolate industry and big brand names such as Mars, Cadbury and Sweet Rewards. Mars Australia, in Mars Australia Pty Ltd v Sweet Rewards Pty [...]
Public Hearings to Discuss Gene Patents September, 2009 The debate as to whether companies should be allowed to patent genes escalated this month with an Australian Senate committee holding public hearings on the topic. Gene patenting gives intellectual property rights over isolated gene sequences and their uses, if the chemical structure of the isolated sequence [...]