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Creditor’s meetings: common questions answered

McInnes Wilson Lawyers
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Australia
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April 15 2013

Quite often we are asked to advise upon issues that arise in the context of creditor's meetings. The following is a summary of commonly asked

Books and records: director refused access by receiver

McInnes Wilson Lawyers
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Australia
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March 13 2013

The Full Court of the Federal Court of Australia recently affirmed the decision of Justice Barker in disallowing Mr Oswal, the director of Burrup

Insolvency law reform: comment open

McInnes Wilson Lawyers
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Australia
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January 29 2013

An exposure draft of the long anticipated Insolvency Law Reform Bill 2013 has been released for public comment. The Bill aims to: reform the law

New case law - “cause” for precluding appointment

McInnes Wilson Lawyers
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Australia
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January 29 2013

The Federal Court in Lucas, in the matter of Queensland Maintenance Services Pty Ltd (in liq) (Receivers and Managers appointed 2012 FCA 1451, has

Full Court’s latest decision on unfair preference payments

McInnes Wilson Lawyers
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Australia
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November 30 2012

On 31 August 2012, the Full Federal Court handed down its much awaited decision in Commissioner of Taxation v Kassem and Secatore 2012 FCAFC 124 which provides clarification regarding third party preference payments received by the ATO and the practice of the ATO appropriating payments made by taxpayers from one account (ie the integrated client account) to another (ie the superannuation guarantee account - SGER

Beware of continuing liability for outgoing resident payments

McInnes Wilson Lawyers
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Australia
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November 16 2012

A case this week in New South Wales involving a dispute between the residents of a retirement village and the operator of a retirement village reminded us of some of the issues that can arise when a village goes into liquidation

New insolvency notices website launched

McInnes Wilson Lawyers
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Australia
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July 31 2012

On 2 July 2012 the Australian Securities and Investment Commission launched a new website for the publication of insolvency and other notices

Trio Capital keeps giving

McInnes Wilson Lawyers
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Australia
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June 28 2012

In May a Parliamentary Joint Committee on Corporations and Financial Services concluded its report into the collapse of Trio Capital Ltd which will have significant repercussions for financial lines insurers in Australia

When can a set-off be claimed against debts owed to an insolvent company?

McInnes Wilson Lawyers
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Australia
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April 30 2012

The recent Victorian Supreme Court case of Grapecorp Management Pty Ltd (in liq) v Grape Exchange Management Euston Pty Ltd provided an interesting analysis of when set-off, pursuant to section 553C(1) of the Corporations Act 2001, may be claimed

Similar Names Bill 2012

McInnes Wilson Lawyers
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Australia
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April 26 2012

The Federal Government has introduced the Corporations Amendments (Similar Names) Bill 2012 which will be directed at companies that engage in ‘phoenix’-related activities through imposing personal liability on directors

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