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Secured creditors and unfair preference claims - appeal allowed from Tap Inn decision
  • Hall & Wilcox
  • Australia
  • December 23 2015

On 1 December 2015, we wrote about the decision of His Honour Judge Chivell of the District Court of South Australia in Matthews v The Tap Inn Pty

Secured creditors exposed to unfair preference claims: when a secured creditor is not a secured creditor
  • Hall & Wilcox
  • Australia
  • December 1 2015

With the introduction of the unfair preference regime in the Corporations Act 2001, a short provision was included which stated:“ a secured debt is

Lulled into a false sense of security - potential exposure of secured creditors to unfair preference claims
  • Johnson Winter & Slattery
  • Australia
  • November 19 2015

On 14 July 2015, the South Australian District Court in Matthews v The Tap Inn Pty Ltd 2015 SADC 108 handed down a decision whose underlying

When can a guarantor rely on a right of subrogation?
  • Corrs Chambers Westgarth
  • Australia
  • October 30 2015

This week's TGIF considers the case of Bowesco Pty Ltd v Westpoint Management Ltd 2015 WASCA 184, which considered whether a guarantor had a right

Does a DOCA release a company from a debt arising under a guarantee?
  • Clayton Utz
  • Australia
  • August 6 2015

If the underlying debt has already been extinguished by a DOCA, can a secured creditor still enforce the charge? A recent case explored the role of

How secure are your terms of sale?
  • Johnson Winter & Slattery
  • Australia
  • June 5 2015

The standard terms of sale of a supplier can form part of a credit application by its customer, appear on sales invoices or order forms or on the

Can avoiding potential litigation be considered an uncommercial transaction?
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

When a company goes into liquidation liquidators will often try to 'claw back' uncommercial transactions. The recent case of 640 Elizabeth Street Pty

SOS: how to save your security after an insolvency event when there has been a failure to register
  • Piper Alderman
  • Australia
  • March 20 2015

It is a well understood legal requirement that any time security is granted, it needs to be registered. Failure to register collateral granted as

Payment into account under court order not a PPSA security interest
  • Hall & Wilcox
  • Australia
  • February 10 2015

The Supreme Court of Victoria Court of Appeal recently handed down its decision in Dura (Australia) Constructions Pty Ltd (ACN 004 284 191) (In

Trade alert - Australia
  • Cadwalader Wickersham & Taft LLP
  • Australia
  • December 1 2014

Australia is a member of both the Basel Committee and the G20 and in November, Brisbane was host to the G20 Leaders' Summit. The agenda focussed on