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Tax Planning: never lose sight of the forest from the trees
  • Minter Ellison
  • Australia
  • December 1 2016

The Federal Court of Australia has handed down a decision that is a salutary reminder to directors that, in any corporate tax planning, it is

The dismissal of a group proceeding may not mean the end
  • Lander & Rogers
  • Australia
  • November 17 2016

The unanimous decision of the High Court on 9 November 2016 in Timbercorp Finance Pty Ltd (in liq) v Collins & Timbercorp Finance Pty Ltd (in liq) v

Timbercorp investors have the right to defend loan recovery claims
  • Cordato Partners
  • Australia
  • November 15 2016

The Timbercorp Group invested in agribusiness Managed Investment Schemes on behalf of some 18,500 investors. Many investors in the schemes entered

Trust Me: Liquidators Justified Using Trust Funds To Investigate Potential Claims Available To Trustee
  • Corrs Chambers Westgarth
  • Australia
  • November 4 2016

This week’s TGIF considers a recent decision in which the Court directed that liquidators would be justified in utilising trust funds to conduct

Will a deed of company arrangement be recognised and enforced by US and Canadian courts?
  • McCullough Robertson
  • Australia, Canada, USA
  • November 3 2016

In August I presented on cross-border insolvency at the joint Federal Court of Australia and Law Council of Australia conference on corporations law

Varying the scope of the Part 5.3A moratorium on proceedings against companies in voluntary administration
  • McCabes
  • Australia
  • October 18 2016

Section 447A JOEL COOK Associate, Litigation and Dispute Resolution Group, McCabes ANDREW LACEY Principal, Litigation and Dispute Resolution Group

To set-off or not to set-off in unfair preference claims?
  • McCullough Robertson
  • Australia
  • October 6 2016

Last year’s Queensland District Court decision in Morton v Rexel Electrical Supplies Pty Ltd 2015 QDC 49 (Rexel) caused quite a stir in insolvency

When is a judgment debt not a judgment debt?
  • Corrs Chambers Westgarth
  • Australia
  • September 2 2016

This week's TGIF considers the case of Compton v Ramsay Health Care Australia Pty Ltd 2016 FCAFC 106, where the Court exercised its power to "go

Court extends time for registration of security interests due to inadvertence - ABN v ACN
  • Clayton Utz
  • Australia
  • September 1 2016

Accolade is a very useful illustration of how a court exercises its discretion when a financier's failure to register its security interests properly

Unsecured Debt Recovery: How to enforce against real property
  • Gadens
  • Australia
  • August 18 2016

A problem often faced by creditors is how to recover unsecured judgment debts. If a debtor owns real property, there is a mechanism available through