Insolvency Partner, Amanda Banton and Lawyer, Anna MacFarlane summarise the High Court’s judgment delivered on 14 April 2010 in which the Court held, as the Full Court of the Federal Court held in first instance, that, properly construed, Pt 5.3A of the Corporations Act (Cth) 2001 does not permit third-party releases within DOCAs.
The New South Wales Supreme Court has recently decided that an Australian company that simultaneously brought a breach of contract claim in New South Wales and Germany against a Cayman Islands company, a German company and a UK company, should have the New South Wales action stayed on the basis that New South Wales was a clearly inappropriate forum for the resolution of the dispute. Dispute Resolution Partner, Tom Griffith, and Senior Associate, Lisa Farrand explain the decision.
Dispute Resolution Partner, Tom Griffith and Corporate Lawyer, Vasyl Nair review the Full Federal Court’s recent decision in CSR’s appeal from earlier orders withholding the Court’s consent for the convening of a shareholders meeting to consider a demerger of CSR’s sugar and building products divisions. At the heart of both decisions was concern over CSR’s future asbestos-related liabilities.
By Frazer Hunt
, Alex Keen
In December 2005 the High Court of Hong Kong handed down its decision in Ericsson Limited, v KLM Royal Dutch Airlines.
By Mark Waters
Melbourne based Occupational Health & Safety partner Mark Waters discusses what to do if a WorkSafe inspector comes knocking.