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Liquidator of corporate trustee entitled to remuneration from the trust assets

  • Allens
  • -
  • Australia
  • -
  • October 17 2014

A recent Federal Court decision has confirmed that liquidators of a corporate trustee are entitled to be remunerated out of the trust assets for

Podcast: Christina McElwain on MyMelbourne with Glenn Ridge (MyMp 1377AM)

  • Rockwell Olivier
  • -
  • Australia
  • -
  • October 7 2014

Christina McElwain of our Melbourne office discusses phoenix companies on MyMp 1377AM radio show "MyMelbourne with Glenn Ridge". Click here to

Somebody owes you money? Make a statutory demand

  • Moulis Legal
  • -
  • Australia
  • -
  • September 17 2014

Cash flow is crucial to the efficient running of a business. Mounting debt can significantly affect the operations of your company, result in

What do I do if my company is served with a statutory demand?

  • Rockwell Olivier
  • -
  • Australia
  • -
  • July 16 2014

The statutory demand is one of the most frequently used (and misused) tools utilized by companies and other persons to obtain payment of debts owed

When will appointment of voluntary administrators constitute oppressive conduct? Ubertini v Saeco International Group Spa (No 4) 2014 VSC 47

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • April 28 2014

The Court found that the appointment of voluntary administrators to a company constituted oppressive conduct under section 232 of the Corporations

Setting aside creditors’ resolutions and the meaning of “interest of creditors as a whole”

  • Corrs Chambers Westgarth
  • -
  • Australia
  • -
  • April 11 2014

In DSG Holdings Australia Pty Ltd v Helenic Pty Ltd 2014 NSWCA 96, the Court of Appeal considered the meaning of the "interests of the creditors as

Execution of mortgage over real property in exchange for full discharge of director's unrelated liabilities held to be voidable as an unreasonable director-related transaction

  • Baker & McKenzie
  • -
  • Australia
  • -
  • February 26 2014

The Victorian Court of Appeal recently held that a payment, disposition or grant of security by a company to a person on behalf of, or for the

Passivity will not save a director of failed corporations from disqualification: Maley and the Australian Securities and Investments Commission 2013 AATA 924

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • February 25 2014

This case serves as an important reminder that board appointments should not be taken lightly - even as a "personal favour". Directors should ensure

Independence & taking referrals from potential targets

  • Holding Redlich
  • -
  • Australia
  • -
  • February 18 2014

Insolvency 18 February 2014 The recent Federal Court decision of ASIC & Franklin & Ors 2014 FCA 68 represents, respectfully, a noteworthy exercise

Creditors can successfully challenge an unfair deed of company arrangement

  • CBP Lawyers
  • -
  • Australia, New Zealand
  • -
  • February 14 2014

The NSW Supreme Court has recently set aside a deed of company arrangement (DOCA) on the basis that it was prejudicial to creditors who voted against