A recent Federal Court decision illustrates the issues that can arise when a deed of company arrangement transfers ownership of a company to the investors funding its restructure. It also shows that a threatened shareholder claim will not necessarily prevent the Court from granting an administrator leave to transfer the shares.
Best Lawyers Australia has released its 2027 Best Law Firm rankings, and Cooper Grace Ward has received impressive recognition in 21 practice areas.
A recent Full Court decision clarifies that future royalty claims can be released by deeds of company arrangement, with significance for businesses in the energy and resources sector and those operating on trailing payment terms.
A recent Supreme Court of Queensland decision has exposed a loophole concerning future property that could leave first-ranking secured creditors unprotected, even when comprehensive security deeds are in place. The case highlights the risks of relying solely on standard PPSA definitions when securing interests in future property.
A recent Federal Court decision has provided some useful insights on how related party loans will be considered in an insolvency context, particularly in relation to unreasonable director-related claims against directors and their relatives. For insolvency practitioners it also provides insight into how the assignment of claims might effectively be used to mitigate litigation risks.
The recent Supreme Court of Queensland decision of DCZ Early Learning Pty Ltd v Semper Mortgage Management Pty Ltd, provides a useful illustration of the risks that businesses face as a result of the unfair contract term regime and the things that businesses must prove to successfully defend a claim.
Cooper Grace Ward’s litigation and dispute resolution team and lead partner Rocco Russo continue to receive outstanding market recognition having been ranked in the recently released Chambers Global 2024 international rankings.
Cooper Grace Ward’s Litigation and Dispute Resolution team has again been ranked among the top Australian practices in The Legal 500 Asia Pacific rankings for 2024.
In a recent case, the Victorian Supreme Court said that an accountant ‘would know well that a statutory demand involves strict time frames for response and potentially very significant consequences for a company’. The accountant failed to take appropriate steps to inform the company of the statutory demand.
A recent court decision considers the legal principles and sufficiency of evidence when a court-appointed receiver seeks approval of their remuneration.
Director resignations are no longer effective if ASIC is not properly notified of the resignation within 28 days or if the resignation would leave the company with no directors.
The Federal Court has recently confirmed that liquidators are able to assign their rights to examine people and to obtain the production of documents.