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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Deakin University v Macreadie [2026] FCA 481
CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of the Blue Carbon Lab – application for mandatory injunction requiring the second respondent to change its name –…
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Australian Securities and Investments Commission v Electro Optic Systems Holdings Limited [2026] FCA 405
CORPORATIONS – application for declaration of contravention of s 674A(2) of the Corporations Act 2001 (Cth) – agreed penalty sought – where defendant failed to notify ASX of changes to revenue forecast which could reasonably be expected to have a material effect on the value of its shares – appropriateness of agreed penalty considered –…
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Yang v Wong [2026] FCAFC 39
CORPORATIONS – unreasonable director-related transaction – whether transactions taken as a whole constitute a payment to a close associate of a director under s 588FDA(1)(b)(ii) of the Corporations Act 2001 (Cth) – payment by company A to company B – subsequent repayment of loan from company B to respondent – where respondent is a relative…
