Octaviar, round 3 - the saga continues. What should we do now? - 19 October 2009
As we reported on 16 October, in the ongoing Octaviar matter an application was lodged with the High Court on Thursday 15 October 2009 for special leave to appeal against the decision of the Queensland Court of Appeal, which had overturned the unsettling first instance judgement.
Octaviar - was it all just a bad dream? - 21 September 2009
The Octaviar decision has been emphatically overturned by the Queensland Court of Appeal. But this does not yet mean that life necessarily returns to the way it was. For a start, there is the possibility of appeal. In any event, the “genie is out of the bottle”: parties who want to attack charges will be looking closely at the registration provisions of the Corporations Act and the drafting and registration of charges and variations, and at least one remark in the appeal judgment may leave some uncertainty. Thus, parties taking security will need to remain alert, though not alarmed.
Octaviar - proposed solutions for the past and the future - 1 May 2009
The Qld Supreme Court's decision in Re Octaviar Ltd; Re Octaviar Administration Pty Ltd [2009] QSC 37 (6 March 2009) has generated a great deal of concern (and inconsistent positions) in the banking and finance industry, and among legal and other advisers. In an effort to focus the debate and begin to stabilise market practice in a post-Octaviar environment, Mallesons Stephen Jaques and Allens Arthur Robinson are making available to the market some practical solutions which we have formulated together, working with John Sheahan SC.
Offshore funds - release of CFC/FIF issues papers - 21 May 2008
The Board of Taxation this week released issues papers on possible reforms to Australia’s foreign source income anti-tax-deferral regimes. The closing date for submissions in relation to the issues papers, and the earlier position paper released on 12 March 2008, is 20 June 2008.
Airport Development and Aviation Noise Ombudsman Bill 2006 - 30 March 2006
On 27 March 2006, the “Airport Development and Aviation Noise Ombudsman Bill 2006”, a private member’s Bill, was introduced into the House of Representatives by Mr Steve Georganas, the Member for Hindmarsh in South Australia. If passed, airports would be subject to further level of scrutiny from a newly created Airport Development and Aviation Noise Ombudsman (Airport Ombudsman) and existing aviation-related regulatory bodies would be required to work with the Airport Ombudsman.
Tribunal declares domestic airside services at Sydney Airport - 15 December 2005
On 9 December 2005, the Australian Competition Tribunal handed down a determination in favour of Virgin Blue , against a decision of the Parliamentary Secretary to the Treasurer not to declare domestic airside services at Sydney Airport. Following this determination, domestic airside services at Sydney Airport will be declared for five years from 9 December 2005.
Part 47 Civil Aviation Safety Regulations - change to transition arrangements - 2 November 2005
There has been a change to the transition arrangements for the transfer of registration of aircraft on the Australian register to registration under Part 47 of the Civil Aviation Safety Regulations 1998. By 15 November 2005, owners, lessees and financiers of aircraft need to make sure that the prescribed Form 025 “Transition of Registration to CASR Part 47” is lodged with Civil Aviation Safety Authority (CASA) to transition the registration of the aircraft. Failure to do this, risks CASA cancelling or suspending the aircraft’s registration.
Competition law alert - 8 June 2005
On 2 June 2005, the Federal Government introduced the Trade Practices Amendment (National Access Regime) Bill 2005 to enhance the National Access Regime in Part IIIA of the Trade Practices Act 1974.