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ARTICLE · 02 MARCH 2018

Funding Voidable Transaction Proceedings

The case also has wider implications.

AustraliaFinance and Banking

In good news for liquidators, the Federal Court's decision in Marsden (liquidator) v CVS Lane PV Pty Limited Re: Pentridge Village (in which Dentons acted for the liquidator) confirms that time will be extended for liquidators who are unable to bring voidable transaction proceedings within the relevant timeframe due to a lack of funding.

The case also has wider implications. It could be relied upon by liquidators to justify subsequent claims which could otherwise have been brought at an earlier stage if funding had been available.

Extending time to bring voidable transaction proceedings

Proceedings brought by liquidators in relation to voidable transactions under s 588FF(1) of the Corporations Act must be brought:

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