Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CORPORATIONS LAW - "prescribed interests" - exemption of franchises from prescribed interests - whether offer of interest including provision of services of a manager for franchised business part of offer of interest in a franchise - whether the offer of provision of services of manager is an offer of a "prescribed interest" - meaning of "common enterprise" within definition of "prescribed interests".
Property, Stock and Business Agents Act 1941 (NSW)
Trade Practices Act 1974 (Cth) Pt IVB
Trade Practices Amendment (Fair Trading) Act 1988 (Cth)
Corporations Law Pt 7.12; ss 9, 109H, 1064
Companies Code s 215C
Companies Regulations
Corporations Regulations regs 1.02, 7.1.02
D. Magarey, "Prescribed Interests", Companies and Securities Law Journal 7 (1989), 25
Australian Breeders Co-operative Society Ltd v Jones; Done v Jones; King v Jones; Jones v Mortgage Acceptance Nominees Ltd; Jones v C E Heath Casualty & General Insurance Ltd (1997) 150 ALR 488 - referred to
Australian Softwood Forests Proprietary Limited v Attorney-General for the State of New South Wales; Ex Relatione Corporate Affairs Commission (1981) 148 CLR 121 - applied
A Home Away Pty Ltd v Commissioner of Corporate Affairs (1980) 5 ACLR 299 - referred to
WA Pines Pty Ltd v Hamilton (1980) 5 ACLR 101 - referred to
Waldron v MG Securities Australasia Limited (1975) VR 508 - referred to
Butterworth v Lezemo Pty Ltd (1983) 8 ACLR 737 - distinguished
Khania Nominees Pty Ltd v Hamilton (1986) 10 ACLR 737 - referred to
Hamilton v Shilkin (1986) 11 ACLR 262 - referred to
Hamilton v Campbell (1984) 9 ACLR 24 - referred to
R v Commons (1986) 10 ACLR 873 - referred to
AUSTRALIAN SECURITIES COMMISSION v MADISON PACIFIC PROPERTY MANAGEMENT PTY LTD (ACN 081 776 810) as trustee of the Madison Pacific Property Management Trust and Ors
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