In Westfield Management Ltd v AMP Capital Property Nominees Ltd [2012] HCA 54, four members of the High Court held that any contractual term that limits the protections provided under Chapter 5C of the Corporations Act is invalid. Section 601NB of the Corporations Act allows members of a registered MIS to call a members’ meeting […]
Category Archives: Equity in Corporations matters
In Montevento Holdings Pty Ltd v Scaffidi [2012] HCA 48 the High Court affirmed two principles so apparently uncontroversial that you might be left wondering why special leave was granted, but the Court did correct the error made below. In doing so the Court confirmed that: a trust deed should in the first instance be […]
The Supreme Court of Victoria has recently affirmed that the Corporations Act oppression provisions can be used when a company in which the oppression has occurred is a trustee company. This has significant consequences for business relationships conducted through a unit trust structure that have turned sour. Until the decision of Davies J in Vigliaroni […]
Equity, Trusts and More 