Graham Roberts
Cooper Grace Ward
Articles
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…
Director’s invalid contract saved by shareholder approval
Australia - June 17 2020 Where a director purports to enter into a contract on behalf of a company without authority or contrary to the company constitution, disputes can…
Getting paid: exercising a lien over goods in priority to a PPSA security interest
Australia - June 9 2020 It is not uncommon for a repairer or the provider of storage facilities who is in possession of goods (a bailee) to be owed costs for work or storage…
Unfair preference claims: the ongoing controversy regarding a section 553C set-off to reduce liability
Australia - June 5 2020 It is unresolved whether a creditor can rely upon a section 553C set-off under the Corporations Act 2001 (Cth) to reduce an unfair preference claim…
FEG: Who is the ‘true employer’ and liable for unpaid employee entitlements in a group of companies?
Australia - June 1 2020 In a recent decision, a holding company of a group of companies was held to be the 'true employer', despite its subsidiary being documented as the…
