Insights

Liquidator vindicated by the Federal Court in the Babcock & Brown liquidation

A hotly anticipated decision in the ongoing saga of the Babcock & Brown liquidation was handed down last week, resulting in another win for the liquidator (represented by Johnson Winter & Slattery)...

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Steering through uncertain seas: creditor solutions to navigating COVID-19

Times are changing rapidly with the current flow of Coronavirus measures introduced to support businesses in debt and distress.

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Surviving the Curve: Creditors, Contracts and Trade Credit Insurance

Navigating trade credit insurance policies.

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The continued saga of the Babcock & Brown liquidation

In a decision of the Federal Court handed down on 18 October 2019 in Masters v Lombe (Liquidator); In the Matter of Babcock & Brown Limited (In Liquidation) [2019] FCA 1720, Foster J held that...

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Court Rejects ASIC’s Application for an Inquiry into a Liquidator's Conduct

The NSW Supreme Court has reaffirmed the criteria for a Court to inquire into a liquidator’s conduct

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Administrators beware – class action creditors cannot be arbitrarily silenced

JWS successfully protected the rights of the class action creditors to have their claims in the voluntary administration of SurfStitch Group Limited (SGL) valued appropriately, for the purposes of...

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Striking the right balance

JWS has successfully encouraged a Court decision to strike a balance between a legislative intention and an overall objective to maximise the return for creditors and any return to shareholders.

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What to do when ASIC comes knocking: failure by liquidators to lodge public notifications and other

The PNW Project aims to test all registered liquidators’ compliance with the requirement to publish certain notices on ASIC’s “published notices website” and to lodge forms with ASIC.

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