11-7-23 / Michael Hodge KC — Corporations
The Chief Executive Officer of the Australian Transaction Reports and Analysis Centre (AUSTRAC) brought these proceeding against Crown Melbourne Limited (Crown Melbourne) and Burswood Nominees Ltd as trustee for the Burswood Property Trust trading as Crown Perth (Crown Perth) (together, Crown). AUSTRAC sought declarations that Crown contravened provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (Act)…
14-4-23 / Michael Hodge KC, Michael May — Corporate Insolvency & Bankruptcy, Corporations
This proceeding was an application by a shareholder of a company seeking to have the Federal Court of Australia order an inquiry into the conduct of a receiver under s 423 of the Corporations Act 2001 (Cth). The applicants alleged that there was reason to believe that the receiver had…
5-4-23 / Oliver Cook — Corporations
Proceedings seeking indemnity costs in relation to an application to set aside statutory demand, where the applicant was successful in setting aside the demand. The relevant respondent was ordered to pay the applicant’s costs of the application on the indemnity basis. Oliver Cook (with G Handran KC) appeared for the…
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…
20-2-23 / Oliver Cook — Corporations
The applicant (BPC) is a joint venture vehicle. Due to certain conduct of some of the JV parties (R) giving rise to an “event of default” under the JV agreement, the other JV party (CMC) was entitled to buy out the R parties’ interest. During the valuation of the JV…
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