Archive for the ‘Corporations Law Advice’ Category

Raising Finance Illegally – Debentures

Author: Michael Adendorff

Thursday, August 21st, 2008

In April 2008, the former directors of International Finance Corporation Pty Ltd (in liquidation) (IFC) were found guilty on several charges following investigation by the Australian Securities and Investments Commission (ASIC).
The directors were charged with having aided IFC issuing debentures to investors in breach of the Corporations Act.
The charges related to 22 debentures offered and [...]


Read More

Patent Searches Made Easier
Media Release Issued By Senator The Hon Kim Carr
Minister For Innovation, Industry, Science And Research

Author: Michael Adendorff

Thursday, August 21st, 2008

On 28 April 2008  “… an innovative new online database developed by IP Australia that makes the breadth of Australian inventions more accessible …” was introduced.
AusPat allows a one-stop access to Australian patent applications since 1979.  Previously those researching Australian patent literature had to work across several unconnected databases.  
The Minister is reported to have said [...]


Read More

Specific Performance Absent Any Breach

Author: Michael Adendorff

Thursday, August 21st, 2008

In a 2008 case the Court of Appeal considered whether a decree for specific performance should have been made when there was no breach of contract, or a reasonable apprehension of breach.
The appellant vendor was a share-title home unit company. The vendor and purchaser entered a contract for the purchase of shares allowing the purchaser [...]


Read More

How Not To Exercise A Purchase Option

Author: Michael Adendorff

Wednesday, August 20th, 2008

The following case illustrated that it often helps to talk to a solicitor about the terms of a contract before acting on what you thought was right.
  
A purchase of shares in a retailer company fell through because the buyers failed to follow the prescribed procedure after exercising their option to purchase. In this case a [...]


Read More