Statutory demands — how to make them and how to resist them

Written by Peter Harkin, Partner at CBP Lawyers within the Restructuring and Insolvency team* In brief — Section 459E statutory demand and insolvency Under s 459C of the Corporations Act, a company is presumed to be insolvent if in the … Continue reading

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Carbon tax becomes history

The federal Senate has passed the latest package of clean energy legislation, successfully abolishing the carbon pricing scheme. The upper house passed the Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 by 39 votes to 32. Members of the Palmer … Continue reading

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Corporate Law Reform Paper – The CAMAC “fiasco”/other tensions for the Federal Government by Bob Baxt

It is not surprising that a new government, with a different political persuasion will want to bring some new ideas into the area of corporate and security regulation. The Liberal National Party Coalition Government has shown its hand very early. … Continue reading

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Australian M&A – Are merger authorisations now practical?

by Dr Martyn Taylor (Partner), Claire Forster (Senior Associate), David Turner (Solicitor) of Norton Rose Fulbright. 1. AGL’s successful merger authorisation in June 2014 To date, most merger clearances in Australia have involved a voluntary application for ‘informal clearance’ to … Continue reading

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Carbon tax repeal efforts fail, again

The Clean Energy legislation package that proposed to repeal the carbon pricing scheme has been defeated in the new Senate.  The Clean Energy Legislation (Carbon Tax Repeal) Bill 2013 [No. 2] and related bills were voted down 35–37.  The Greens … Continue reading

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Proposed reform of the Federation

The Prime Minister has announced the government’s intention to create a White Paper on the reform of the Federation. The Department of the Prime Minister and Cabinet has established a Taskforce to develop the White Paper and it will be … Continue reading

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Senate report into performance of ASIC is a wake-up call

The Senate Economics References Committee (the Committee) tabled its final report on the performance of the Australian Securities and Investments Commission (ASIC) on 26 June 2014. The report is over 500 pages long and makes 61 recommendations. In a media … Continue reading

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Palmer’s new stance on climate change

The Palmer United Party (PUP) has confirmed it will vote for the repeal of the carbon tax, but has flagged its own proposal for an Emissions Trading Scheme (ETS) where the carbon price is set at zero until Australia’s trading … Continue reading

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Papua New Guinea statutory limitation periods: are you out of time? By Dan Ward

Like many countries around the world Papua New Guinea (PNG) has enacted specific legislation dealing with time limits on when a party may make a claim. Claims made outside statutory time limitations are generally not allowed by the PNG courts.[1] … Continue reading

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Full Court of the Federal Court re-assesses penalties and costs

In Australian Competition and Consumer Commission v BAJV Pty Ltd [2014] FCAFC 52, the Full Court of the Federal Court heard an appeal against penalties and costs, and partially reassessed orders imposed in the primary proceedings. In the original Federal … Continue reading

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