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Monthly Archives: January 2014

Chapter 6D Corps Act

Chapter 6D of the Act (ss 700-742) contains a highly prescriptive scheme in respect of the disclosures that are, and are not, to be made in respect of the corporate fundraising governed by the chapter. Section 703 ensures that there can be no contracting out of the requirements of the chapter. Sections 704 to 725 […]

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Section 729

Section 729(1) of the Corporations Act 2001 (Cth) provides that ‘a person’ who suffers loss because an offer of securities in a prospectus contravenes  s 728  of the Act may recover that loss from the person making the offer. CORPORATIONS ACT 2001 – SECT 729 Right to recover for loss or damage resulting from contravention Right to compensation (1)  A person who suffers […]

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Legal Nature of the Rule in Houldsworth

Helpfully explained by Merkel, Weinberg and Kenny JJ In summary, the rule in Houldsworth prevents a person who is a shareholder from claiming a debt, or making a claim, against the company in that person’s capacity as a shareholder of the company if payment of the debt or claim will directly or indirectly recoup the money subscribed by […]

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