ArticleLiquidators disclaimer power not fail-safeThis case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleNon-party creditor ordered to pay portion of liquidators legal costsDiscusses case where liquidators sought an order that a non-party creditor pay their legal costs for seeking directions from the Court.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleNot Worth The Wait : Court Orders DOCAs Be Terminated With Deed Funds Remitted To Liquidators.Guidance on the interrelationship between deed administrators & liquidators & the construction which applies to DOCAs.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleProving Your Proof: The Onus Is On The CreditorThe onus of proof, for establishing that proofs of debt be accepted, is on the creditor lodging the challenge.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleReceivers in a nickel: Court directions under s424 of the Corporations Act 2001Court directions can provide assistance to receivers in the context of hotly contested disputes and transactions.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleSecurity for costs and property of the company – What is available in the winding up?The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleThe Trade Must Go On: Federal Court Orders Director To Disclose Passwords To Company Servers And Trading PlatformsReminder to directors of their obligations to co-operate with administrators & what constitutes Information that must be disclosed.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleTime For A Splash! Court Grants Pooling Order In Watch Works Australia And Cobbler Plus Winding-upIn recent case 2 linked companies were to be a pooled group to satisfy the external debts payable by both companies.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleTrans-Tasman Commingling – A Lesson On Ex Parte Applications For Cross-border Insolvency HearingsThis case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleTwo liquidators appointed, three's not a crowd: a special purpose liquidatorThe court appointed an additional liquidator to conduct further investigations in a creditors' voluntary winding up.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleVale Common Fund Orders: What Does It Mean For Insolvency Practitioners?Impact of recent landmark HC decision (that Courts are not empowered to make common fund orders) on insolvency practitioners.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleWarning from the mothership: requirements for group preference claim proceedingsRecent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleWho Has The Casting Vote? NSW Court Of Appeal Clarifies Its Powers To Disturb The Result Of A Creditors ResolutionThe Court exercised its discretion and ordered that a proposed creditors' resolution to appoint liquidators was passed.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleCOVID-19: when do private patent rights give way to the public interest?The Government has been asked to invoke ‘Crown use' patent provisions to help Australia respond to the health emergency.AustraliaIntellectual PropertyCorrs Chambers Westgarth
ArticleParallel importing, trade marks and Australian Consumer Law: how the cookie crumbledGreat value for businesses in proactively registering trade marks as a method of defending their brand in Australia.AustraliaIntellectual PropertyCorrs Chambers Westgarth
ArticleAmendments agreed to ensure passage of the China-Australia Free Trade Agreement (ChAFTA)The Government and Opposition have reached agreement to ensure passage of legislation to implement this free trade deal.AustraliaInternational LawCorrs Chambers Westgarth
ArticleInvesting in Africa via Australia - Why It Makes SenseAustralian listed mining companies with African assets are ideal for Chinese companies wishing to invest in Africa.AustraliaInternational LawCorrs Chambers Westgarth
ArticleLaw Firms in Australia Must Develop Asian CapabilitiesAsia will become a more significant source of new ideas, technologies and leading-edge legal practice for Australia.AustraliaInternational LawCorrs Chambers Westgarth
ArticleWhy now is the time to break through to an Australia-China FTA and a suggested step in the right directionThere has been a breakthrough in the latest round of negotiations between Australia and China on a Free Trade Agreement.AustraliaInternational LawCorrs Chambers Westgarth
ArticleAI in arbitration: A new frontier?AI is increasingly used in arbitration for efficiency, but regulators urge caution amid risks of bias, confidentiality breaches & limited legal guidance.AustraliaLitigation, Mediation & ArbitrationCorrs Chambers Westgarth