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  • Article

    State-owned enterprises offer vast opportunities...but some governments just don't get it

    Some governments respond to State-owned enterprises with suspicion and fear, but Australia's response has been measured.
    AustraliaGovernment, Public Sector
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Legislation to change the 457 visa program requirements enacted

    These changes aim to deter alleged sponsorship behaviour inconsistent with the policy intent of the 457 visa program.
    AustraliaImmigration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
Article

A deed of company arrangement cannot force credutors to give releases to third parties

We discuss a recent case concerning a DOCA.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Corrs Chambers Westgarth
Corrs Chambers Westgarth
  • Article

    A known unknown: unfair preference risks for commercial landlords on rental arrears

    Landlords with payment for rental arrears should be aware of the potential exposure to unfair preferences in insolvency.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    A liquidators equitable lien: because justice requires it

    Liquidators may claim an equitable lien to recover costs and expenses from assets that they have cared for and preserved.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    A retention of title clause was considered a security, defeating the liquidators' unfair preference claim

    The Court was willing to accept that traditional ROT arrangements amounted to security in respect of the underlying debt.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Balancing act: private examination allowed due to pending criminal proceedings

    Discusses application to FC for the private hearing of a public examination where separate criminal proceedings were on foot.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Catch 22: Court allows share transfer by administrator without owner consent

    Court used its general powers to allow a voluntary administrator to transfer shares without consent to implement a DOCA.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court allows compulsory transfer of shares in Mirabela

    This is the first time that leave has been granted to deed administrators of a listed company to use this power.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court finds cross-collateral mortgage vulnerable to challenge by liquidator

    Discusses recent case where liquidator was successful in having a mortgage declared as an unreasonable director-related transaction.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court grants leave for service of summons outside the jurisdiction

    In recent case liquidators were granted leave to serve a summons for examination on a company based in Singapore.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Court refuses mandatory examination of liquidator

    The Court will not permit creditors or shareholders to examine liquidators unless there is actual evidence of wrongdoing.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Federal Court Does Away With Formal Proof Of Debt

    An appropriate abridged process can assist liquidators in maximising creditor returns.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Federal Court finds money paid in connection with Forex Contracts not property of liquidation

    Recent liquidation case discussed including key takeaways, what happened, the decision & commentary.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Federal Court Rejects Proof Of Debt For Contribution To Legal Bills Due To Lack Of Binding Contract

    A liquidator's decision to accept a 'proof of debt' was successfully challenged due to a lack of binding evidence.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Leave of the Court is not required to sue a former bankrupt after an annulment of bankruptcy by way of composition

    Although the debt was extinguished by the Composition, the creditor was not required to seek leave of the Court to claim.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Queensland Supreme Court considers the relationship between a disputed debt and a company's solvency pursuant to section 459S of the Corporations Act

    Where a disputed debt could influence a company's solvency, it will be a material ground pursuant to s459S(2) of the Act.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Received Wisdom – When Will The Conduct Of A Receiver Give Rise To An Inquiry?

    Receivers will be afforded a degree of latitude in the exercise of business judgment in carrying out their duties.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Relieved receivers: Court grants release and relief from filing and serving accounts

    Guidance on when receivers may be released from claims arising out of their appointment & relieved from filing & serving formal accounts.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Restoring trust - request to reinstate granted

    Discussion of recent case where Court ordered that a deregistered company be reinstated.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Showing 401–420 of 3150 results

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