Introduction Christmas has come early for a wind farm operator in Victoria with a recent decision in the Supreme Court of Victoria determining in their favor and adding to authority on how renewable energy infrastructure built on leased land (such as wind turbines) is...
CK News: ClarkeKann’s Corporate & Commercial Team Named in the 2019 Doyle’s Guide
We are excited to announce that our Corporate & Commercial team, in particular, our Partners John Toigo and Brad Vinning, have been featured in Doyle’s Guide among Queensland’s leading corporate and commercial lawyers for 2019 in the following categories:...
ANNOUNCEMENT: ClarkeKann’s Corporate & Commercial Team Named in the 2018 Doyle’s Guide
We are pleased to announce that our Corporate & Commercial team, in particular, our Partners John Toigo and Brad Vinning, have been featured in Doyle’s Guide among Queensland’s leading corporate and commercial lawyers for 2018 in the following categories:...
DANGER: Registering Security Interests against the ABN instead of the ACN can be Fatal!
A recent NSW Supreme Court decision in the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (“the decision”) has stressed the importance of registering security interests correctly. In this case, Alleasing P/L (“Alleasing”)...
CK advises Taurus Funds Management on Foxleigh Coal Mine Acquisition
ClarkeKann has advised Taurus Funds Management ("Taurus"), a US based resources fund, on its acquisition of Anglo American’s interest in the Foxleigh mining joint venture. The transaction is valued at approximately $150 million. Foxleigh is an open cut mining...
PPSR UPDATE: Serial Numbered Goods
WELCOME CHANGES TO THE PPSA COMMENCE TOMORROW Up until now, leases or bailments of certain serial numbered goods (such as motor vehicles) for a term of 90 days or more were deemed to give rise to security interests under the Personal Property Securities Act 2009 (Cth)...
Risk Allocation Tools: Indemnities
WHAT IS AN INDEMNITY? In its simplest form an indemnity is an agreement between two parties in which one party agrees to cover loss and damage suffered by another. As such indemnities are a very effective tool to allocate risk between transacting parties. The risk we...
Signing Contracts: When the Formalities Can’t Be Followed
In the March edition of CK Momentum, we looked at the formalities of signing contracts. However, in some commercial dealings following the formal rules of, for example, having two directors sign a document or asking for a copy of a board resolution to verify a...
Forget Physical Property, It’s Now All About Ideas and Intellectual Property
Ruslan Kogan, new addition to the BRW Rich List with an estimated wealth of $315 million was recently quoted in an Australia Financial Review article saying: "In the past it was all about physical property, who owns the land, what capital gains are there on the land,...
Signing Contracts: When the Formalities Can’t Be Followed
In the March edition of CK Momentum, we looked at the formalities of signing contracts. However, in some commercial dealings following the formal rules of, for example, having two directors sign a document or asking for a copy of a board resolution to verify a...
Risk Allocation Tools: Indemnities
WHAT IS AN INDEMNITY? In its simplest form an indemnity is an agreement between two parties in which one party agrees to cover loss and damage suffered by another. As such indemnities are a very effective tool to allocate risk between transacting parties. The risk we...