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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Sillery Pty Ltd v CHA SMG Australia Holding Pty Ltd [2026] FCA 396
EQUITY – equitable and legal assignment of shares – non-remittance of funds held in trust account of solicitor to the purchaser and series of transactions affecting equitable assignment and legal assignment of shares PRACTICE AND PROCEDURE – interlocutory relief sought to access certain documents on an urgent basis – interlocutory relief no longer pressed –…
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Mastercard Asia/Pacific (Australia) Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 37
LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of serving affidavits that contained evidence to the effect that the appellants did not hold anti-competitive purposes in devising…
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Chief Executive Officer of the Tertiary Education Quality and Standards Agency v Chegg, Inc. [2026] FCA 330
CONSUMER LAW – where respondent admitted contraventions of s 114A(3) of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) – where pecuniary penalty sought by applicant not opposed by respondent – construction of s 114A(3) of the Tertiary Education Quality and Standards Agency Act 2011 (Cth) and associated definitions – consideration of principles…
