Articles

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Subrogation under Section 560 of the Corporations Act

Australia - October 11 2013 After the administrators were appointed a related company, Dalma Construction Pty Ltd ("DC"), made substantial payments (totalling about $160,000) in…

Disclaiming a lease under s568 – Willmott goes to the High Court

Australia - July 23 2013 The High Court recently granted special leave to appeal, and will now revisit the Victorian Court of Appeals decision in, Re Willmott Forest Limited…

A corporate trustee in liquidation may not retain the power of sale

Australia - May 9 2013 It is well established that if a trustee company goes into liquidation then: the company retains: its right to indemnity out of the assets of the…

Limiting an administrator's liability- section 447a of the Corporations Act

Australia - January 22 2013 Although section 443A(1) of the Corporations Act ("the Act") provides that Administrators are liable for the debts they incur in the performance of…

Application for examination summons - full and frank disclosure is a fundamental requirement

Australia - December 19 2012 A recent Western Australian judgment confirms, and sets out the requirements for, full and frank disclosure when seeking orders for examination.