Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v Galati Read more
Corporations
High Court finds Bell Act invalid
The High Court struck down the Bell Act (WA) in Bell Group NV (in Liquidation) v Western Australia [2016] HCA 21 on 16 May 2016. Read more
Offsetting claims and Statutory Demands
The WA Supreme Court has construed the words “cross-demand” in s 459H Corporations Act broadly (see Qube Logistics v United Equipment), thus allowing a wide category of debts (that could not be pleaded as a set off in debt recovery proceedings) to be classed as “offsetting claims.” Read more
Wellington Capital Limited v ASIC: Case Note
On 5 November 2014 the High Court in Wellington Capital Limited v ASIC held a responsible entity could not distribute property in specie to managed investment scheme unit holders. Read more