CORPORATIONS – application for compulsory acquisition of residual ordinary shares of Carawine Resources Limited – where the applicant is the “90% holder” of the relevant class of securities – where the applicant’s compliance with Division 1 of Part 6A.2 of the Corporations Act 2001 (Cth) (the Act) is irregular in part – whether appropriate to remediate such irregularities pursuant to s 1322 of the Act – where the applicant lodged a compulsory acquisition notice with the Australian Securities & Investments Commission on 21 March 2024 – where the notice relies upon the opinion expressed in an expert’s report dated 26 February 2024 – whether expert’s report inconsistent with the Act or otherwise deficient – whether applicant has established that the terms set out in the compulsory acquisition notice give a “fair value” for the relevant securities – application granted – costs reserved
Recent cases about acquisitions
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QGold Pty Ltd v Woods [2025] FCA 1201
CORPORATIONS – application for compulsory acquisition of residual ordinary shares of Carawine Resources Limited – where the applicant is the “90% holder” of the relevant class of securities – where the applicant’s compliance with Division 1 of Part 6A.2 of the Corporations Act 2001 (Cth) (the Act) is irregular in part – whether appropriate to…
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HealthX Group Pty Ltd v Palling (No 2) [2025] FCA 1300
INDUSTRIAL LAW – construction of term in employment contract providing for profit sharing arrangement between employer and employee – where employer seeks declaration that it is not liable to pay employee a “bonus” – where employee seeks damages for non-payment of “profit share” – characterisation of employee’s entitlement to payment WORDS AND PHRASES – construction…
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Palmer v Australian Securities and Investments Commission [2025] FCAFC 151
CORPORATIONS — fragmentation of criminal proceedings — prosecution for an alleged contravention of s 631 of the Corporations Act 2001 (Cth) — examination under s 19 of the Australian Securities and Investments Commission Act 2001 (Cth) — civil proceedings challenging the lawfulness of the exercise of s 19 power by ASIC — operation of ss 49, 68…
