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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Construction, Forestry and Maritime Employees Union v Canberra Contractors Pty Ltd [2025] FCA 440
INDUSTRIAL LAW – pecuniary penalties – unlawful industrial action – appeal of decision imposing pecuniary penalties for contraventions of ss 502(1) and 503(1) of Fair Work Act 2009 (Cth) – where parties accept primary judge erred in imposing one penalty for multiple contraventions – whether primary judge misapplied principles relevant to fixing pecuniary penalties –…
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Fair Work Ombudsman v Mai [2025] FCA 421
INDUSTRIAL LAW – determination of appropriate pecuniary penalties for contraventions and serious contraventions of multiple provisions of Fair Work Act 2009 (Cth) by couple running small business – where manager of business involved in contraventions – whether several obligations to pay overtime imposed by single term of award such that contraventions relating to failure to pay…
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One Tree Agriculture Pty Ltd v Lye [2025] FCA 126
CORPORATIONS – directors – appointment and resignation – application to fix date of resignation – delay in filing notice of resignation – whether applicant established date on which they stopped being a director – whether just and equitable to fix date of resignation after ASIC register had been relied on by third party –…
