The recent $2.7 million Supreme Court decision in Kotku Bread Pty Ltd v Vero Insurance Ltd & Anor [2012] QSC 109 confirms that an insurance broker owes a duty of ...
The recent $2.7 million Supreme Court decision in Kotku Bread Pty Ltd v Vero Insurance Ltd & Anor [2012] QSC 109 confirms that an insurance broker owes a duty of care to its client to not only take reasonable steps to inquire as to the property to be insured, but
On 3 May 2012 the High Court dismissed the appeal of Peter Shafron, the former company secretary and general counsel of James Hardie Industries Limited (JHIL) in the decision of Shafron v Australia Securities and Investments Commission [2012] HCA 18.
On 3 May 2012 the High Court held that the seven non-executive directors of James Hardie Industries Limited (JHIL) had breached their duty to exercise care and diligence, by approving the release of a misleading announcement to the ASX. This decision overturns the finding of the NSW Court of Appeal.
On 3 May 2012 the High Court concluded the James Hardie cases when it overturned the finding of the NSW Court of Appeal, and held that seven non-executive directors of James Hardie Industries Limited (JHIL) contravened their obligations under the Corporations Act 2001 (Cth) (Act).
On 20 March 2012, the Federal Court reiterated the legal principles to be applied in matters involving negligent, misleading or deceptive property valuations in the decision of Propell National Valuers (WA) Pty Ltd v Australian Executor Trustees Limited [2012] FCAFC 31.
A decision of the New Zealand High Court last year cast doubt on whether directors could rely on D&O policies to fund their defence costs. It was held that civil claimants held the priority interest in Directors’ and Officers’ liability cover (D&O) under a statutory charge, and could prevent company
The general anti-avoidance rules in the income tax law, commonly referred to as Part IVA, are to be rewritten in 2012.
Federal Parliament is considering proposed amendments to deal with the excess contributions tax regime and the unjust outcomes that can arise from taxpayers making inadvertent errors.
On 28 May 2012, the new business names registration system will commence. The new system integrates the business names systems of each state and territory into a national registration network. Business names are currently regulated individually by state and territory governments.
The new Personal Property Security Act (PPSA) started on 30 January 2012.
On 6 February 2012 the Administrative Appeals Tribunal (AAT) handed down its decision in Montgomery Wools Pty Ltd as trustee for Montgomery Wools Pty Ltd Super Fund v Commissioner of Taxation [2012] AATA 61.
Generally, an eligible person will succeed in a challenge to a Will if they have been left without adequate provision and they can demonstrate some financial need. Provision will not usually be refused except in exceptional circumstances, such as where there are minimal assets in the estate or where there
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.