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

“Let there be a vote” - Victorian Supreme Court grants adjournment under recent small business restructuring reforms

Australia - July 28 2021 In Re Dessco Pty Ltd,[1] the Victorian Supreme Court adjourned a winding up application for 50 days to allow time for creditors to vote on a…

Caitlin Milligan

ATO on the watch after liquidators claw back funds despite a deed of company arrangement

Australia - July 1 2021 In the matter of Western Port holdings Pty Ltd (receivers and Managers Appointed)(in liq) [2021] NSWSC 232, Deed Administrators who were subsequently…

Taylor Green

Ulterior motives and personal interests lead to setting aside of Public Examination Order

Australia - April 30 2021 In ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) v Michael Thomas Walton & Anor, the New South Wales Court of Appeal considered the…

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