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The Green Book
Practice Note No. 10 of 2011 | Practice Note 10 of 2011 - The Green Book | |
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COMMERCIAL CPD SEMINAR
WEDNESDAY 5 JUNE 2013
CIVIL PROCEDURE ACT 2010 – some important changes for practitioners
Speaking notes of HELEN SYMON S.C. | Speaking notes of HELEN SYMON S.C. | |
| Costs Orders Against Practitioners
The practical implications of the Civil Procedure Act 2010
Annette Hughes
Corrs Chambers Westgarth | Costs Orders Against Practitioners | |
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Commercial Court Seminar
Restraints of Trade
Charles Power
Partner
Holding Redlich | Charles Power: Restraint of Trade | |
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Commercial Court Seminar
Restraint of Trade Doctrine
Charles Power - Presentation Notes
Partner
Holding Redlich | Charles Power - Presentation Notes | |
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Commercial Court Seminar
Restraint of Trade Doctrine
Aileen Ryan SC- Speaking Notes
| Aileen Ryan SC- Speaking Notes | |
| The Australian Consumer Law
Professor Justin Malbon
| The Australian Consumer Law | |
| Professor John Malbon
Seminar Presentation Slides | Seminar Presentation Slides | |
| Australian Consumer Law
Bill Reid
Presentation Slides
February 2013 | Australian Consumer Law | |
| Charles Scerri, QC
When Advertising Goes Wrong - Acting for the ACC or the Advertiser
February 2103 | When Advertising Goes Wrong | |
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FORETESCUE METALS GROUP LTD v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
COMMERCIAL COURT SEMINAR 10 OCTOBER 2012
CONTINUOUS DISCLOSURE
Speaking Notes – Michael Kingston | Speaking Notes – Michael Kingston | |
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FORREST v AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION [2012] HCA 39
Speaking notes from Mark Moshinsky SC at the Commercial Court Seminar on 10 August 2012
| Speaking Notes - Mark Moshinsky | |
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This is the Checklist for Contents of Expert Evidence as presentated by Jane Salveson, Special Councel, Minter Ellison on Expert Evidence at the Commercial Court Seminar on 15 August 2102
| Checklist for Contents of Expert Evidence | |
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Presentation by Jane Salveson, Special Councel, Minter Ellison on Expert Evidence on 15 August 2102 | Commerical Court Seminar | |
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The paper 'Interacting Effectively with Expert Witnesses' was presented by Jim Delany at the Commercail Court Seminar on Wednesday 22 August 2012 | Interacting Effectively with Expert Witnesses | |
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Commercial Court Bulletin
8 of 2012
| Supreme Court Commercial Court Bulletin 8/2012 | |
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From 1 July 2012 amendments to the Corporations Act 2001 (the Act) and Corporations Regulations 2001 (the Regulations) came into effect which introduced new requirements for publication of notices regarding matters under rule 2.11 of the Supreme Court (Corporations) Rules 2003, including applications to the Court to wind up a company. | Corporations Act 2001 – Winding Up Applications – Publication of Notices | |
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Presentation by Justice Jennifer Davies, Judge of the Supreme Court at the June 2012 Commercial Court seminar, Ceasing to Act: What if Leave is Refused? | Presentation by Justice Jennifer Davies, | |
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Presentation by Michael McGarvie, Legal Services Commissioner at the June 2012 Commercial Court seminar, Ceasing to Act: What if Leave is Refused? | Ceasing to Act: What if Leave is Refused? | |
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Presentation by Ted Woodward, SC Commissioner at the June 2012 Commercial Court seminar, Ceasing to Act: What if Leave is Refused?
| Ceasing to Act: What if Leave is Refused? | |
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Commercial Applications of Company Law makes corporate law more accessible to non-law students. This is both a textbook and a teaching method. Written by three leading corporate law lecturers, this book focuses on the ordinary events and issues faced by companies and their advisors. It explains and applies the law in a manner that is understandable and relevant to business students. | Commercial Applications of Company Law 2012 - 13th edition | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 7 of 2012
| Commercial Court Bulletin 7 of 2012 | |
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Commercial Court Seminar, April 2012 - Good Faith and Fair Dealing
Ray Finkelstein QC Commercial Court Seminar Monash Chambers Wednesday 18 April 2012 Speaking Notes | Good Faith and Fair Dealing Speaking Notes | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 6 of 2012 | Commercial Court Bulletin 6 of 2012 | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 5 of 2012
| Commercial Court Bulletin 5 of 2012 | |
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Dr Jeannie Paterson Melbourne Law School Commercail Court Seminar Wednesday 18 April, 2012 Speaking Notes | Commercial Court Seminar, April 2012 – Good Faith in Commercial Contracts | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 4 of 2012 | Commercial Court Bulletin 4 of 2012 | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 3 of 2012 | Commercial Court Bulletin 3 of 2012 | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 2 of 2012 | Commercial Court Bulletin 2 of 2012 | |
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SUPREME COURT OF VICTORIA
Commercial Court Bulletin 1 of 2012 | Commercial Court Bulletin 1 of 2012 | |
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Supreme Court of Victoria
Commercial Court Bulletin
24 of 2011
| Commercial Court Bulletin 24 of 2011 | |
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Supreme Court of Victoria
Commercial Court Bulletin
23 of 2011
| Commercial Court Bulletin No 23 of 2011 | |
| | Notice to Practitioners 2008 | |
| COMMERCIAL LIST GUIDE This small handbook is intended to be a guide to the practice adopted by the Judges sitting in the Commercial List of the Supreme Court. It is not intended to be a substitute for the relatively few Rules of Court applicable to the List which appear in Order 2 of Chapter II of the Rules of the Supreme Court, nor is it intended to lay down with precision how the Judges in the List will exercise their discretionary powers on every occasion. Since 1986 the Commercial List has been a judge-controlled list, designed to provide speedy but fair resolution of commercial disputes, so far as that is practicable. To that end the judges sitting in the list have exercised a wide discretion as to the type of cases admitted to the list and as to the control both of interlocutory process and the mode of trial. This guide is designed to give some indication of the manner in which that discretion has been exercised in the recent past and of the manner in which it will be exercised in the future. | Guide to Commercial List Practice 1992 (Revised 1996) | |
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The report contains a number of important recommendations aimed at improving the ADR system and encouraging its greater use. | Report on Alternative Disputes Resolution in the Civil Justice System | |
| | Chief Justice: Opening remarks at Commercial Law Conference | |
| | THE ROLE OF THE MODERN COMMERCIAL COURT | |
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Remarks of the Hon Marilyn Warren AC Chief Justice of the Supreme Court of Victoria at the International Commercial Arbitration Conference: Efficient, Effective, Economical? The Victorian Supreme Court’s Perspective on Arbitration 4 December 2009 | Remarks of the Chief Justice at the International Commercial Arbitration Conference | |
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Practice Note 2 of 2010 - Arbitration Business | Practice Note 2 of 2010 | |
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The Judge in charge of List G, Arbitration proceedings: the Hon. Justice Croft | Notice to the Profession 2009 | |
| | Notice to the Profession 11/2009 | |
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Protecting the due performance of non-fiduciary duties
Fiduciary Loyalty presents a comprehensive analysis of the nature and of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties, by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. | Fiduciary Loyalty by Matthew Conaglen | |
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This seminal work on options and other pre-emptive rights in Australia offers a one-stop resource for any legal or tax-based questions about the drafting, exercising and assigning of pre-emptive rights.
topics covered include:
• Pre-Emptive rights Generally • The Nature Of An Option • Elements Of A Valid Option • Exercising An Option • Assigning An Option • Remedies For Breach Of Option • First rights Of Refusal • Labelled Pre-Emptive rights Bearing Other Characteristics • Pre-Emptive rights In Joint Venture Agreements
The Law of Options by Donald Farrands (1992) returns reworked, expanded and updated, to provide a concise, invaluable guide to practitioners. It is an essential resource | Link to estore | |
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SUPREME COURT OF VICTORIA
COMMERCIAL COURT BULLETIN
No. 1/2010 | Commercial Court Bulletin 1/2010 | |
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ISSUES IN CASE MANAGEMENT:The Case Management Conference Commercial Court CPD and CLE at Monash 25 February 2010 by Justice Jennifer Davies | The Case Management Conference | |
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SUPREME COURT OF VICTORIA
COMMERCIAL COURT BULLETIN
No. 2/2010 | Commercial Court Bulletin 2/2010 | |
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Presentation by barrister Philip Solomon at Monash Commercial Court CPD seminar on the new Case Management Conference process. In particular, on the aspect of the Case Management Conference involving the preparation of a draft list of issues.
| Philip Solomon on the new Case Management Conference Process | |
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Supreme Court Of Victoria
Commercial Court Bulletin No 3/2010 | Commercial Court Bulletin No 3/2010 | |
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This is the speech given to 250 in attendance at the annual presentation held in the library of the Supreme Court on May 6 2010.
| COMMBAR President's Statement 6 May 2010 | |
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Remarks of the Honourable Marilyn Warren AC Chief Justice of Victoria on the occasion of the Victorian Commercial Bar Association reception Supreme Court library 6 may 2010 | Remarks of the Honourable Marilyn Warren AC Chief Justice of Victoria | |
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REMARKS OF THE hON. MARILYN WARREN AC
CHIEF JUSTICE OF VICTORIA
AT THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION rECEPTION AT THE MELBOURNE OFFICE OF
MALLESONS STEPHEN JACQUES ON 13 MAY 2010 | Victoria's Commitment To Arbitration Including | |
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Tax Avoidance in Australia provides a practical explanation of the workings of the main general tax avoidance provisions for income tax (Part IVA) and GST (Division 165). | Tax Avoidance in Australia | |
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Supreme Court of Victoria
Commercial Court Bulletin 4/2010 | COMMERCIAL COURT BULLETIN 4/2010 | |
| Remarks ‘'Legal ethics in the era of big business, globalisation and consumerism’ as given by the Hon. Marilyn Warren AC Chief Justice of Victoria on Thursday 20 May at the Joint Law Societies Ethics Forum Melbourne | Chief Justice remarks - 'Legal ethics in the era of big business, globalisation and consumerism" | |
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Supreme Court of Victoria
Commercial Court Bulletin 5/2010
| COMMERCIAL COURT BULLETIN 5/2010 | |
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Supreme Court of Victoria
Commercial Court Bulletin 6/2010 | Commercial Court Bulletin 6/2010 | |
| The speech was made by the Hon. Marilyn Warren AC Chief Justice of Victoria at the opening of the second annual commercil law conference in Melbourne at the Supreme Court on Friday 13 August 2010
| Opening by the Chief Justice at the Second Annual Commercial Law Conference | |
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Supreme Court of Victoria
Commercial Court Bulletin 8/2010
| Commercial Court Bulletin 8/2010 | |
| The speech 'Aon and its implications for the Commercial Court' was presented by the Hon. Justice Croft was presented at the Commercial Court CPD and CLE – Aon Risk Services Australia Ltd v ANU [2009] HCA 27: What does this mean for litigation and how will it affect trial preparation?' seminar on 19 August 2010.
| Aon and its implications for the Commercial Court | |
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The speech was delivered at the ‘Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175: What does this mean for litigation and how will it affect trial preparation?’ seminar on August 19 by Louise Jenkins, partner, Commercial Litigation & Dispute Resolution, Allens Arthur Robinson and Sue Zhang, law graduate, Commercial Litigation & Dispute Resolution, Allens Arthur Robinson on 19 August 2010 | Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175: What does this mean for litigation and how will it affect trial preparation? | |
| This paper 'HOW WILL AON EFFECT TRIAL PREPARATION --- FROM COUNSEL’S POINT OF VIEW ' from John Digby QC was presented at the CPD Seminar on Thursday 19th August 2010 | HOW WILL AON EFFECT TRIAL PREPARATION --- FROM COUNSEL’S POINT OF VIEW | |
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The speech 'What to Prosecute: Allocation and Administrator of Scarce Resources' was presented by the Hon Justice Pagone to the CORO Conference at Melbourne on 26 August 2010 | What to Prosecute: Allocation and Administrator of Scarce Resources | |
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Supreme Court of Victoria
Commercial Court Bulletin 7/2010
| Commercial Court Bulletin 7/2010 | |
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Supreme Court of Victoria
Commercial Court Bulletin 10/2010
| Commercial Court Bulletin 10/2010 | |
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The speech "Can Australian courts get their act together on international commercial arbitration?" was made by the Hon. Justice Clyde Croft at the Financial Review International Dispute Resolution Conference on October 15, 2010 | Can Australian courts get their act together on international commercial arbitration | |
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Remarks of The Hon. Marilyn Warren AC
Chief Justice of Victoria to the
Engaging the Asian Economies – Law and Practice
13 October 2010
Banco Court Supreme Court of Victoria
| Engaging the Asian Economies – Law & Practice | |
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Speech by by Hon. Justice Michelle Gordon, Federal Court of Australia "CAN COMMERCIAL COMPETITION LITIGATORS BECOME CRIMINAL DEFENCE LAWYERS?"on October 2010 | CAN COMMERCIAL COMPETITION LITIGATORS BECOME CRIMINAL DEFENCE LAWYERS | |
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Speech by the Hon. Nettle JA on "Criminalisation of Crimal Conduct" | Commentary on Criminal Cartel Conduct | |
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Supreme Court of Victoria
Commercial Court Bulletin 9/2010 | Supreme Court of Victoria | |
| This notice details changes to have been made to Chapter V of the Rules of the Supreme Court (Corporations) Rules 2003
| Notice to the Profession 1/2010 on Schemes of Arrangement | |
| The speech 'The obligation to communicate: the interaction between languange and the law' was made at the 2010 Richard Searby Oration by the Hon. Marilyn Warren AC Chief Justice of Victoria at the Deakin University on 21 September 2010
| Speech made at the 2010 Richard Searby Oration by the Hon. Marilyn Warren AC Chief Justice of Victoria | |
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Formulating the Questions for Opinion and Cross-Examining the Experts
Mr Neil J Young
Commercial Court Seminar: 27 October 2010 | Expert Witnesses: On the Stand or in the Hot Tub - How, When and Why? | |
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Expert Witnesses: Selected Biblography
Commercial Court Seminar: 27 October 2010
| Expert Witnesses | |
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Supreme Court of Victoria
Commercial Court Bulletin
11 of 2010 | Commercial Court Bulletin 11/2010 | |
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The speech 'Civil Procedure Workshop for Judges Case Management Strategies The start of a discussion - one position' was delivered by the Hon Justice Pagone and the Hon Justice Judd at the Judicial College of Victoria workshop in Melbourne on the new Civil Procedure Act 2010 on 19 November 2010. | Civil Procedure Workshop for Judges Case Management Strategies | |
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'Case management in the Commercial Court and under the Civil Procedure Act ' was a presentation given by Hon Justice Croft at Civil Procedure Act 2010 Conference presented by the Department of Justice, the Supreme Court, the County Court and the Magistrates’ Court on 30 November 2010. | Case management in the Commercial Court and under the Civil Procedure Act | |
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Supreme Court of Victoria
Commercial Court Bulletin 12/2010
| COMMERCIAL COURT BULLETIN (12)2010 | |
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How can the courts get the most meaningful assistance from the experts?
This paper provides an expert's perspective on the opportunitites and challenges provided by joint expert conferences. joint reports and concurrent evidence.
Dawna Wright
Partner
McGrathnicol | Tales from the Hot Tub – the Expert’s perspective | |
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Commercial Court Seminar 27 October 2010 Expert Witness/ 'Hot Tubbing' Presentation by Hon. Justice Kim Hargrave | COMMERCIAL COURT SEMINAR | |
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Remarks of Chief Justice Marilyn Warren AC to the combined LIV, Vic Bar and Department of Justice conference on the Civil Procedure Act, Melbourne, 30 November 2010 | Civil Procedure Act, Melbourne, 30 November 2010 | |
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This book is the first detailed analysis of the Australian Takeovers Panel. The Takeovers Panel is the primary forum for resolving disputes about a takeover bid.The Panel has played an important role in a number of very high profile takeovers, including the 2007 attempted takeover of Qantas. The chapters in the book are: 1 The Takeovers Panel: A Review - Ian Ramsay 2 An Overview of the Role, Functions and Powers of the Takeovers Panel - Michael Hoyle 3 Why was the Takeovers Panel Established? Bruce Dyer and Marie McDonald 4 An Assessment of the Work of the Takeovers Panel During the Past Decade - Emin Altiparmak, Jemima O'Callaghan, Jerome Santamaria and Jon Webster 5 Key Issues Dealt With by the Takeovers Panel – Lock-up Devices, Disclosure and RRights Issues - Alison Lansley and Kate Johnson 6 Judicial Review of Takeovers Panel Decisions - Emma Armson 7 The Takeovers Panel of the Future – Proposals to Enhance the Effectiveness and the Role of the Panel - Rodd Levy and Neil Pathak
| Complete details are available at the publisher's web site. | |
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Supreme Court of Victoria
Commercial Court Bulletin 1/2011
| Commercial Court Bulletin 1/2011 | |
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PRACTICE NOTE NO 1 OF 2010 | PRACTICE NOTE NO 1 OF 2010 | |
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Supreme Court of Victoria
Commercial Court Bulletin 14/2010
| Commercial Court Bulletin 14/2010 | |
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Supreme Court of Victoria
Commercial Court Bulletin 13/2010
| Commercial Court Bulletin 13/2010 | |
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Commercial Court Bulletin 2/2011 | Commercial Court Bulletin 2/2011 | |
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The speech 'In Charity We Trust: Charities as Potential Beneficiaries of Failed Commercial Trusts' was presented by the Hon Justice Clyde Croft at the Trusts Symposium hosted by the Adelaide Branch of the Society of Trust and Estate Practitioners and the Law Society of South Australia on 18 February 2011 | In Charity We Trust: Charities as Potential Beneficiaries of Failed Commercial Trusts | |
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Commercial Court Bulletin 3/2011 | Commercial Court Bulletin 3/2011 | |
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The paper 'Proportionate Liability' was presented by the Hon Justice Geoffrey Nettle at the CPD Seminar, The Lower Banking Chamber, 385 Bourke Street, on 23 February 2011 | Monash Commercial Court 'Proportionate Liability' CPD Seminar - Paper presented by Justice Nettle | |
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The topics listed in this document were covered in the the paper 'Proportionate Liability' which was presented by the Hon Justice Geoffrey Nettle at the CPD Seminar, The Lower Banking Chamber, 385 Bourke Street, on 23 February 2011 | Commercial Court 'Proportionate Liability' CPD Seminar - Topics Covered | |
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This paper has selected cases and journal articles related to the paper 'Proportionate Liability' which was presented by the Hon Justice Geoffrey Nettle at the CPD Seminar, The Lower Banking Chamber, 385 Bourke Street, on 23 February 2011 | Monash Commercial Court 'Proportionate Liability' CPD Seminar - Selected cases and journal articles | |
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Schemes of Arrangement is a practical examination of the legal and commercial aspects of schemes of arrangement, for corporate restructuring in mergers and acquisitions and insolvency scenarios. All aspects of the scheme of arrangement are covered.
In the mergers and acquisitions context, practical issues covered include the preparation of scheme documentation, the determination of classes, requirements for first and second court hearings, practical observance of s.411(17), valuations, and matters arising from the Corporations and Markets Advisory Committee’s report from December 2009.
In the insolvency setting, there is discussion of matters arising from the recent insolvencies of Sons of Gwalia, Opes Prime, Lehman Brothers and Lift Capital. | More details can be found at the publisher's web site | |
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Chris Caleo SC presented at the recent Monash Commercial Court CPD Seminar on 'proportionate liability'. Mr Caleo identified practical and procedural issues that arise in litigation involving Pt IVAA of the Wrongs Act, and discussed the key choices that parties must make under the legislation. | Monash Commercial Court CPD Seminar - Proportionate Liability - C M Caleo SC Speaking Notes | |
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Commercial Court Bulletin 4/2011
| Commercial Court Bulletin 4/2011 | |
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Peter Gordon, Principal, Gordon Legal, spoke at the recent Monash Commercial Court CPD Seminar on 'proportionate liability'. Mr Gordon criticised the policy enshrined in Pt IVAA of the Wrongs Act, and examined the issues that a plaintiff lawyer should consider in advising a client who may be affected by the apportionment regime. | Monash Commercial Court CPD Seminar - Proportionate Liability - Peter Gordon Speaking Notes | |
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Commercial Court Bulletin 5/2011
| Commercial Court Bulletin 5/2011 | |
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The speech 'Tax Avoidance Trans Tasman Observations' was presented by the Hon Justice Pagone at the International Fiscal Association Conference, Wellington, New Zealand, 12 March 2011. | Tax Avoidance Trans Tasman Observations | |
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Supreme Court of Victoria
Commercial Court Bulletin 6/2011
| Commercial Court Bulletin 6/2011 | |
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Supreme Court of Victoria
Commercial Court Bulletin 7/2011
| Commercial Court Bulletin 7/2011 | |
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Justice Pagone reflects on Advocacy as a barrister and as a judge in a speech given at the Melbourne University Law School Guest Lecture Series 2011, on 24 March 2011 | Advocacy | |