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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Hitachi Rail STS Australia Pty Ltd v Schoof [2026] FCA 343
EMPLOYMENT – proper construction of enterprise agreement provisions concerning the calculation of penalty and overtime – whether allowances to be included in ‘base hourly rate’ – whether waiting time penalty provision for delay in payment of ‘wages’ applies to non-payment of allowances – held that allowances not to be included in base hourly rate and…
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Eaton v DePuy International Ltd [2026] FCAFC 33
CONTRACTS – contractual arrangements recording terms of settlement scheme of representative proceedings – where contractual arrangements make provision for dispute between parties to be resolved by third-party decision maker – where appeal to the court from third-party determination limited to error of law – whether third-party decision maker required to afford procedural fairness – distinction…
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Lake House Corporation Limited v Timor Resources Holdings Pty Ltd [2026] FCA 335
CORPORATIONS – declarations and injunctions sought – where shareholders’ deed governs appointment and removal of independent director – where one group of shareholders purports to issue notice of general meeting to remove independent director in breach of shareholders’ deed – whether shareholders’ deed regulates shareholders’ rights – whether shareholders’ deed must be read to be…
