Restricting insolvency disclaimer rights in mining company failures?

The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was again raised before a Senate hearing this week; my earlier comments are here.  This mirrors similar issues in Queensland – Linc Energy and the Queensland government’s reliance upon section 5G of the Corporations Act – […]

Avoid misleading cases – cite the latest court decisions

With all the numerous decisions being delivered by the higher courts, some attention is needed to ensure the latest case law is relied upon. Justice Derrington of the Federal Court recently took issue with the lawyers appearing in a matter before him because they relied upon a decision of the SA Supreme Court that had, […]