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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Australian Competition and Consumer Commission v Emma Sleep GmbH [2025] FCA 618
CONSUMER LAW – misleading and deceptive conduct and false and misleading representations about goods or services under ss 18 and 29(1)(i) of the Australian Consumer Law – agreed statement of facts – liability admitted in respect of Australian subsidiary in corporate group for certain representations – whether German parent company (Emma Sleep GmbH) or Philippines…
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Australian Securities and Investments Commission v BPS Financial Pty Ltd [2025] FCAFC 74
CORPORATIONS – respondent carried on a financial services business within the meaning of Pt 7.6 of the Corporations Act 2001 (Cth) (Act) by issuing a facility for non-cash payments involving the “Qoin” digital currency or crypto-asset – whether the respondent was exempt under s 911A(2) of the Act from the requirement to hold an Australian…
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Australian Securities and Investments Commission v ASX Limited [2025] FCA 552
PRIVILEGE – application challenging claim of legal professional privilege – dominant purpose test – whether conduct inconsistent with maintenance of confidentiality – implied waiver – application dismissed
