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29-9-26 / Matthew Jones KC, Oliver Cook — Class Actions, Commercial Equity, Corporations
Oliver Cook (led by Ahmed SC) appeared for Credit Suisse Equities (Australia) Pty Ltd, instructed by Mallesons. Matthew Jones KC (leading J Dudley) appeared for a company director, instructed by Buchanan Rees Dispute Lawyers. This judgment concerned an order to secure costs up to and including the completion of disclosure.…
19-6-26 / Matthew Jones KC — Corporations
Matthew Jones KC (leading Mr L Inglis) appeared for the plaintiffs, instructed by Merton Legal. This decision considered elements of the definition of a “managed investment scheme” in s 9 of the Corporations Act 2001, particularly whether an investor who gives notice to rescind an investment contract under s 601MB…
20-12-24 / Matthew Jones KC, Sean Russell — Appellate, Commercial Equity, Corporate Insolvency & Bankruptcy, Corporations
Matthew Jones KC and Sean Russell appeared for the Second Respondent, instructed by Cooper Grace Ward. Matthew Jones KC and Sean Russell successfully defended a first instance decision, in which Mr Russell appeared unled, to award receivers the entirety of the remuneration claimed. The separate reasons of Bond JA give…
16-8-24 / Matthew Jones KC — Corporations, Corporate Insolvency & Bankruptcy
In a claim for recovery of an unfair preference, issues arose as to the adequacy of an insolvency report prepared by the liquidator who brought the claim and as to whether, in the context of the commercial events occurring at the time of the payment, the company was insolvent at…
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…
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