Barbara-Ann Sim

Gadens

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Appointed too late - company fails to avoid liquidation

Australia - August 24 2021 Section 440A(2) of the Corporations Act 2001 (Cth) (the Act) requires the Court to adjourn a winding up application if it is satisfied that it would…

Caitlin Milligan

Court identifies a ‘very poorly drafted deed’ and sets aside Statutory Demand - reminder to have a properly drafted deed to avoid potential disputes

Australia - May 19 2022 In the matter of Jana Pty Ltd is a decision of the Supreme Court of New South Wales setting aside a Statutory Demand issued for an alleged guaranteed…

Changes to Mortgagee Power of Sale process in Queensland: is a vesting order still needed when a property is disclaimed by a Trustee in Bankruptcy or Liquidator?

Australia - July 29 2020 Recent changes to the Property Law Act 1974 (Qld) (Act) have simplified the process for mortgagees exercising power of sale and do away with the need…

Petar Damnjanovic, Susan Forrest

Travelling / moving overseas while bankrupt

Australia, United Kingdom - March 1 2021 In Moltoni v Macks as Trustee of the Bankrupt Estate of Moltoni (no 2) [1] the Federal Court of Australia considered a bankrupt’s application for…

Petar Damnjanovic

Queensland Court of Appeal rejects ‘IOU’ as payment for debt

Australia - March 31 2021 In Bayly v Westpac Banking Corporation, the Queensland Court of Appeal dismissed an appeal against a summary judgment granted in favour of Westpac…

Caitlin Milligan