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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Lumina BPO Pty Ltd v Cocoon Data Technologies Pty Ltd [2026] FCA 116
CONTRACTS – where existence of commercial contract not in dispute – whether contract made with a sole counterparty or with multiple counterparties where all potential counterparties part of corporate group – objective construction of contract to ascertain parties’ intention – evidence of surrounding circumstances – whether contract wholly in writing – relevance of post-contractual matters…
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Frigger v Professional Services of Australia Pty Ltd [2026] FCAFC 9
CORPORATIONS – appeal from decision to dismiss application to remove company from register under s 1322(4)(b) of the Corporations Act 2001 (Cth) – where company registered on 5 June 1998 under Pt 2.2 of the Corporations Law (WA) 1990 – whether primary judge erred in finding company validly registered notwithstanding assumed non-compliance with requirements for the memorandum of association…
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Australian Securities and Investments Commission v Saad [2026] FCA 110
CORPORATIONS – travel restraint – where ASIC was conducting an investigation into the defendant and entities associated with him – where ASIC previously applied for, and was granted, travel restraint orders pursuant to s 1323 of the Corporations Act 2001 (Cth) – where the travel restraint orders were subsequently extended by consent – where the defendant…
