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From administrator to official liquidator - impartiality, cost and qualification
  • McCabes
  • Australia
  • August 26 2015

It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of

It’s all a matter of interpretation, the costs of ‘convening’
  • The Commercial Bar Association of Victoria
  • Australia
  • August 26 2015

The costs of ‘convening’. Whether the person requesting a Meeting of Creditors, pursuant to 5.6.15(1)(b) of the Corporations Regulations 2001 (Cth

Court considers electronic service of application to set aside a statutory demand
  • Corrs Chambers Westgarth
  • Australia
  • August 21 2015

Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically, and the Court's evaluation of a

Directors liability for insolvency: do what you say and perform your duties or face personal liability
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The point at which a company becomes insolvent is not always clear. The Courts will consider "various indicia of insolvency", including the company's

Can a director’s liability for insolvent trading be reduced by a set-off against the company?
  • Cooper Grace Ward
  • Australia
  • July 8 2015

If a director can exercise a right of set-off against a company in liquidation for a debt owed to the director or for a liability of the company to

O brother, where art thou?
  • Corrs Chambers Westgarth
  • Australia
  • June 26 2015

A fruit and vegetable supplier supplied the defendants’ company with fruit and vegetables over a number of years. The defendants, who were brothers

Your trading terms and policies can help you avoid debt recovery headaches
  • CBP Lawyers
  • Australia
  • May 22 2015

Seeking director's guarantees, following your credit policies and including recovery costs, interest clauses, general security and retention of title

When are LDS a penalty?
  • Allens
  • Australia
  • May 8 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty. In a decision

Be very clear if the intention is to create a trust: Korda & Ors v Australian Executor Trustees (SA) Limited 2015 HCA 6
  • Gilbert + Tobin
  • Australia
  • April 30 2015

In this case, the High Court held that the proceeds of the sale of timber and land under a timber plantation scheme were not held on trust for

Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
  • Allens
  • Australia
  • April 29 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency, particularly in relation to inconsistency between