23-2-23 / Matthew Jones KC — Corporations
The majority shareholder of a company challenged a resolution by its directors under s 436A of the Corporations Act 2001 (Cth) to place the company into administration on the grounds of insolvency on the basis that the directors did not have a genuine belief as to insolvency or were alternatively acting pursuant to an extraneous, improper…
15-12-20 / Matthew Jones KC — Corporations
A son of a farming family claimed an interest in the family farming assets, despite those assets (including a number of parcels of real property) being registered in the names of other family members to his exclusion. This strike out application considered the requirements when pleading a Muschinski v Dodds…
31-8-20 / Matthew Jones KC — Corporations
A court-appointed receiver sought judicial advice and directions from the Court as to whether to pursue an appeal. The decision at first instance dismissed a claim for damages against directors of the responsible entity of a managed investment scheme. The Court declined to provide the advice sought. The reasons consider…
22-11-19 / Paul McQuade KC, Matthew Jones KC, Angus O'Brien — Corporations
These proceedings involved a claim by the responsible entity of a management investment scheme, acting by the court appointed receiver to the fund, against its former directors. The responsible entity claimed that the directors had contravened their duties to exercise care and to act in the best interests of the scheme’s…
8-5-15 / Matthew Jones KC — Corporate Insolvency & Bankruptcy, Corporations
Contested winding up. Matthew Jones appeared (unled) for the applicant.
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