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97 results found

Article

Piper Alderman | Australia | 20 Dec 2016

Winding-up companies in a partnership - guidance for liquidators who are appointed to companies acting in partnership

A recent Western Australian Supreme Court case considered the insolvency of a partnership comprised of corporate members. When a partnership is

Article

Clayton Utz | Australia | 4 Aug 2016

Short cuts make for even longer delays

Any legislation or action which seeks to alter the pari passu distribution of an insolvent company's property amongst its creditors needs to be very

Article

The Commercial Bar Association of Victoria | Australia | 26 May 2016

Bond’s Bell group litigation never dies: High Court strikes down WA laws as constitutionally invalid

Alan Bond passed away last year, but the legal battles over the 1990 collapse of his Bell Group companies may yet continue. The High Court has

Article

Corrs Chambers Westgarth | Australia | 29 Nov 2013

Court approval of Bell settlement

After nearly 20 years, the long running Bell litigation is almost over, with the Supreme Court of Western Australia having approved the settlement

Article

Corrs Chambers Westgarth | Australia | 22 Nov 2013

When the exercise of a casting vote can breach a liquidator’s fiduciary duty

The company P Hindle & Co Pty Ltd (WA) was placed in liquidation in 2008. Mr Huxtable was appointed as liquidator of the company (Liquidator). The

Article

Bracewell LLP | Australia | 20 Aug 2012

For whom the bell decision tolls

Whether you are a John Donne, Ernest Hemingway or Metallica fan, the above clause rings a bell.

Article

Clayton Utz | Australia | 25 Mar 2010

Clearer guidance on when third parties can access corporate insurance policies

Shareholders or members of managed investment schemes who need to know if it makes financial sense to sue a company and its directors will take comfort from the recent decision in the Western Australia Supreme Court, Snelgrove v Great Southern Managers Australia Ltd (in liq) (receiver and manager appointed) 2010 WASC 51, which allowed plaintiffs to access the insurance policies of the company to assess the viability of legal action.

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