Insights

Launching our 2023 Insolvency & Restructuring Case Summaries publication

We are delighted to share with you the next edition of our Insolvency & Restructuring Case Summaries. With over 45 case summaries highlighting the key takeaways and the practical implications for...

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Launching our Insolvency & Restructuring Case Summaries for 2021-2022

We are delighted to launch the first edition of our Insolvency & Restructuring Case Summaries for 2021-2022, with over 45 case summaries highlighting the key takeaways and the practical...

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A gavel
Section 553C set-off of unfair preference claims - Full Federal Court says no!

In a resounding judgment delivered last week, the Full Federal Court has confirmed that a statutory set-off under section 533C is not available to a defendant in unfair preference proceedings.

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Universities and defamation: a new defence clears some space in the defamation minefield

Changes to Australia’s Uniform Defamation Laws will include a defence for scientific or academic peer review, providing greater comfort for academic publishing, but defamation risks for...

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Set it off! The West Australian Court of Appeal breathes new life into section 553C

The Court of Appeal - Supreme Court of Western Australia has delivered a decision confirming that a statutory set-off under s 553C of the Corporations Act can still be available to a creditor...

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Lo and behold: High Court dismisses 'holding DOCA' appeal

The High Court recently handed down its much anticipated judgment in Mighty River International Limited v Hughes, confirming that ‘holding’ deeds of company arrangement can be valid under the...

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The latest word on dealing with trust assets in the liquidation of trustee companies

The Full Federal Court's decision in Killarnee provides further clarification as to how the assets of an insolvent corporate trustee are to be dealt with.

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Getting the priorities right – the Amerind appeal

Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall...

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Providing Safe Harbour Advice – Issues for Insolvency Practitioners to Consider

A discussion of some issues which may be relevant to a practitioner’s decision as to whether to act as an advisor in the safe harbour period.

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Liquidators’ remuneration – Court of Appeal puts ad valorem in its place

A spate of recent decisions approving liquidators’ remuneration on an ad valorem basis had caused some trepidation amongst insolvency practitioners facing the prospect of court fee approval.

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Validly constituted committees of inspection

Owen, in the Matter of RiverCity Motorway Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) ("RiverCity") [2014] FCA 1008 -- It has been"accepted practice" in company

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