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Special purpose receivers - court’s broad power to override trust deed
  • Corrs Chambers Westgarth
  • Australia
  • April 22 2016

This week’s TGIF considers In the matter of Banksia Securities Limited (in liquidation) (receivers and Managers Appointed) 2016 NSWSC 357 in w

Misconduct and mismanagement: Winding up on the just and equitable ground
  • Hall & Wilcox
  • Australia
  • April 19 2016

In most cases, the precondition for the appointment of a liquidator and the winding up of a company by a court is that a company is insolvent

Improper Motives - Court invalidates appointment of administrator
  • Corrs Chambers Westgarth
  • Australia
  • April 15 2016

Victorian Supreme Court rules that the appointment of an administrator was invalid, void and of no effect because the directors did not genuinely

High Court Redefines the Realms of Joining an Insurer to a Proceeding
  • McInnes Wilson Lawyers
  • Australia
  • April 14 2016

The High Court recently heard an appeal brought by CGU Insurance from a decision in the Supreme Court of Victoria, challenging a declaration that CGU

Unreasonable director-related transactions - liquidators bear the onus of proof
  • Corrs Chambers Westgarth
  • Australia
  • April 1 2016

This week's TGIF considers the decision of Crowe-Maxwell v Frost 2016 NSWCA 46 in which the Court held that a liquidator did not discharge his onus

Insolvency Law Reform Act 2016
  • Johnson Winter & Slattery
  • Australia
  • March 31 2016

On 29 February 2016, the Insolvency Law Reform Bill 2015 received Royal Assent. The resulting Act, the Insolvency Law Reform Act 2016 (Cth

Should I stay or should I go to arbitration? Extending the reach of the moratorium on creditor’s claims against companies in administration
  • McCabes
  • Australia
  • March 30 2016

Section 440D imposes a stay on "proceedings in a court" against a company whilst it is in administration under Part 5.3A of the Corporations Act. It

I just want to be paid - security of payment in the Australian construction industry
  • HopgoodGanim
  • Australia
  • March 18 2016

In December 2015, the Department of Housing and Public Works Queensland released a discussion paper seeking feedback on the issue of security of

Can you sell your customer database?
  • Chapman Tripp
  • Australia, New Zealand
  • March 11 2016

After failing to sell Dick Smith as a going concern, receivers Ferrier Hodgson are now trying to sell the company's New Zealand and Australian assets

Guaranteed certainty: creditors not required to exhaust remedies against a debtor before seeking to enforce a guarantee
  • Corrs Chambers Westgarth
  • Australia
  • March 11 2016

Rahan Constructions Pty Ltd (Rahan) was contracted to undertake commercial construction and other works in about April 2012. On or about this date