2771-2780 of 2879 results
Pre-emptive rights decision flags need for careful drafting
The Western Australian Supreme Court has handed down a decision that has significant implications for the drafting of pre-emptive rights clauses in both joint ventureoperating agreements and shareholders agreements The decision also has ramifications for the conduct of sale transactions that involve ...
Federal Court judgment in the Chevron transfer pricing case
The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...
ASIC's take on forward-looking statements
ASIC has recently raised concerns about forward-looking statements by Australian miners that are made on the basis of preliminary scoping or feasibility studies In a new Information Sheet it has suggested that without certainty as to project funding such statements could constitute misleading ...
High Court decision on retention obligations provides some clarity to liquidators
The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...
Diverted Profits Tax
Among other measures designed to combat multinational tax avoidance contained in the 2016-17 Budget is the intended introduction of an Australian Diverted Profits Tax DPT This will broadly replicate the second limb of the existing United Kingdom DPT It will address profit shifting by Australian ...
Section 54 of the Insurance Contracts Act: Putting insureds in the driver's seat
A recent High Court decision highlights the substantial scope of s541 of the Insurance Contracts Act 1984 Cth to prevent an insurer from denying cover following an insureds non-compliance with certain terms of an insurance policy. ...
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 ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
A class divide? The Boart Longyear creditors' scheme
The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...
Amendments to PPS lease law - what you need to know
This Insight considers the effect of amendments to the Personal Property Securities regime, which are designed to reduce the PPSAs impact on the equipment hiring industry. ...