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...
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...
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.
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...
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...
From Monday next week the much hyped stay on ipso facto rights in certain contracts will be law. The relevant Legislation, Regulations and Declarations commence this Sunday, 1 July 2018.
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.
The courts’ close scrutiny of the work for which liquidators seek to be remunerated highlights that the appropriateness of applying the ‘proportionality’ principle will depend on the circumstances...
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.
New draft legislation will potentially reform the Corporations Act to curb misuse of the Fair Entitlements Guarantee (FEG), which often leads to the cost of employee entitlements being shifted to...
A recent appeal judgment has confirmed the validity of ‘holding’ deeds of company arrangement, or ‘Holding DOCAs’ under the Corporations Act .
As DOCAs and deed administrators cannot otherwise amend the constitution of a company, there is potential for overreach when it comes to the power and utility of DOCAs.
The recent decision of the Supreme Court of Western Australia in Mighty River International Ltd v Hughes & Bredenkamp [2017] WASC 69 (Mighty River v Hughes) has confirmed the legality and the...
Receivers may breach their duty of care if they sell property over which they are appointed without first conducting a marketing campaign or running a public auction.
"Justice Black in In the matter of Boart Longyear Limited [2017] NSWSC 537 has confirmed that section 411(16) of the Corporations Act 2011 (Cth) (the Act), can be used to provide companies...
Section 433 of the Corporations Act 2001 (Cth) (the Act) concerns the payment to employees as priority creditors by a receiver from the assets subject to a circulating security interest. This...
A recent decision by the Federal Court of Australia may be useful for liquidators faced with an application to commence or continue civil proceedings against a company in liquidation.