Corporations and Associations Law Principles and Issues, 7th edition, 2020

Corporations and Associations Law: Principles and Issues, 7th edition, 2020, LexisNexis Butterworths. This Book was widely used by law students and corporate law practitioners and offered a contemporary treatment of the central issues of corporations and associations law. The authors drew on their extensive experience to provide an in-depth and practical analysis of a broad range of topics affecting corporations and associations - particularly including a detailed treatment of associations and entities other than corporations.

Recent developments discussed in the 7th edition included:

• the effect of the decisions in in Rojoda Pty Ltd v Commissioner of State Revenue [2018] WASCA 224 regarding partner’s rights in partnership assets;
• the impact of the commencement of the Associations Incorporation Act 2015 (WA) and the decision in Faehrmann v Van Vucht [2018] NSWSC 397 on the significance of the constitution of such associations;
• decisions in The Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue [2018] NSWSC 128 and Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20 on the concept of a trust;
• decisions in Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq) [2018] FCAFC 40 on the concept of a trust and the liability of trustee for debts or liabilities incurred in execution of the trustee’s duties and powers;
• the decision in Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd [2017] VSCA 326 on fiduciary duties of joint venturers;
• the decision in ACCC v Flight Centre Travel Group Ltd [2016] HCA 49 on the concept and duties of an agent;
• the decision in Williams Group Australia Pty Ltd v Crocker [2016] NSWCA 265 on the authority of an agent;
• the commencement of the Co-operatives National Law in a number of states and territories and the commencement of Co-operatives Amendment Act 2016 (WA);
• the decisions in ASIC v CME Capital Australia Pty Ltd (No 2) [2016] FCA 544 and, ASIC v Diploma Group Ltd (No 4) [2017] FCA 1107 on the operation of the ‘just and equitable’ ground to wind up a company;
• the decision in United Firefighters' Union of Australia v Country Fire Authority [2015] FCAFC 1 on the meaning of a "trading corporation";
• the decision in ASIC v King [2020] HCA 4 on the meaning of an ‘officer’ of a corporation;
• an examination of financial assistance by a company to a person to acquire shares in the company pursuant to Corporations Act s 260A by reference to the High Court decision of Connective Services Pty Ltd v Slea Pty Ltd [2019] HCA 33;
• an examination of oppression on minority shareholders pursuant to Corporations Act s 232 including by reference to a company’s constitution and any amendments to shareholders rights in the constitution, the application of the principles of oppression in the context of closely held family companies and the courts discretion to deny relief for delay;
• a consideration of the High Court decision in ASIC v Lewski [2018] HCA 63 concerning the obligations of directors of a responsible entity in a managed investment scheme and the rights of members in the scheme;
• statutory changes to the provisions dealing with the powers and obligations of liquidators, and the discipline of liquidators;
• statutory changes to the provisions dealing with the powers and obligations of bankruptcy trustees, and the discipline of bankruptcy trustees;
• limitations on the rights to terminate a contract merely because of the appointment of a receiver to the whole of a company’s property;
• changed standards relating to auditors that impact on their duties;
• consideration of changes to the courts’ approach to actions against professionals as concurrent wrongdoers as reflected in Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161.