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
-
Torrens University Australia Limited v Fair Work Ombudsman [2025] FCA 634
INDUSTRIAL LAW – review of compliance notice issued pursuant to s 716(2) of Fair Work Act 2009 (Cth) – interpretation of Higher Education Industry – Academic Staff – Award 2010 and Higher Education Industry – Academic Staff – Award 2020 (Awards) – construction of “associated working time” in hourly payment rates for lecturing by casual…
-
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…
-
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…
