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9 results found

Article

Cooper Grace Ward | Australia | 4 Apr 2019

Administrators and liquidators must take information requests seriously: Cost consequences for non-compliance

In the recent case of 1st Fleet Pty Ltd (in liquidation), the Court clarified the information disclosure obligations of external administrators in

Article

Cooper Grace Ward | Australia | 6 Jun 2018

Creditor defeats liquidator’s unfair preference claim

In the recent decision of Heavy Plant Leasing 2018 NSWSC 707, a creditor successfully defended an unfair preference claim by establishing it did not

Article

Cooper Grace Ward | Australia | 22 Mar 2017

Insolvency insights: Rexel, unfair preferences and section 553C setoff

On 17 March, in Hambleton v Finn 2017 QDC 61, McGill SC DCJ of the District Court of Queensland applied the section 553C(1) setoff under the

Article

Cooper Grace Ward | Australia | 6 Jun 2016

Can the ATO recover unfair preferences from directors?

Directors can be personally liable to pay the Commissioner of Taxation the amount of an unfair preference payment relating to pay as you go

Article

Cooper Grace Ward | Australia | 29 Jul 2014

Subrogation: a win for the secured creditor

Where a secured creditor appoints a receiver to assets of a company, section 443 of the Corporations Act 2001provides that certain statutory employee

Article

Cooper Grace Ward | Australia | 7 Jul 2014

Fulkoto: do liquidators have a power of sale in Queensland if they are a bare trustee?

In these circumstances, the company in liquidation is a bare trustee in relation to the trust assets and the liquidator will assume this role until a

Article

Cooper Grace Ward | Australia | 17 Jun 2014

Secured creditor unsuccessful in challenging liquidator’s lien

Secured creditors should not allow a liquidator to sell a secured asset without first: deciding whether they will be better off by letting the

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