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Liquidator’s powers of examination assigned to litigation funder

Australia - July 6 2021 The Federal Court has recently confirmed that liquidators are able to assign their rights to examine people and to obtain the production of documents…

Can a trustee in bankruptcy lodge a caveat over a home that is held on trust?

Australia - April 14 2021 It is possible for a trustee in bankruptcy to make a claim to property held by a bankrupt on trust. For example, by lodging a caveat over a home that…

Graham Roberts

Protecting your family home against creditors

Australia - April 6 2021 The presumption of advancement is commonly used as a means of protecting the family home against creditors. In a recent Federal Court decision, the…

Mali Karunaratne, Miranda Klibbe, Graham Roberts, Rocco Russo

Can a guarantor avoid liability if they do not sign the guarantee as guarantor?

Australia - July 7 2020 An alleged guarantor may seek to argue they are not liable because, although named as guarantor, they did not sign the guarantee as guarantor but…

Graham Roberts

FEG: What is the relevant date for identifying a circulating security interest under section 561?

Australia - June 22 2020 Section 561 of the Corporations Act 2001 (Cth) provides that accrued employee entitlements must be paid in priority to the holder of a circulating…

Graham Roberts