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  • Article

    Liquidators disclaimer power not fail-safe

    This case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Non-party creditor ordered to pay portion of liquidators legal costs

    Discusses case where liquidators sought an order that a non-party creditor pay their legal costs for seeking directions from the Court.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
Article

Not 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-Structuring
Corrs Chambers Westgarth
Corrs Chambers Westgarth
  • Article

    Proving Your Proof: The Onus Is On The Creditor

    The onus of proof, for establishing that proofs of debt be accepted, is on the creditor lodging the challenge.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Receivers in a nickel: Court directions under s424 of the Corporations Act 2001

    Court directions can provide assistance to receivers in the context of hotly contested disputes and transactions.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Security 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-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    The Trade Must Go On: Federal Court Orders Director To Disclose Passwords To Company Servers And Trading Platforms

    Reminder to directors of their obligations to co-operate with administrators & what constitutes Information that must be disclosed.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Time For A Splash! Court Grants Pooling Order In Watch Works Australia And Cobbler Plus Winding-up

    In recent case 2 linked companies were to be a pooled group to satisfy the external debts payable by both companies.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Trans-Tasman Commingling – A Lesson On Ex Parte Applications For Cross-border Insolvency Hearings

    This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Two liquidators appointed, three's not a crowd: a special purpose liquidator

    The court appointed an additional liquidator to conduct further investigations in a creditors' voluntary winding up.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Vale 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-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Warning from the mothership: requirements for group preference claim proceedings

    Recent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Who Has The Casting Vote? NSW Court Of Appeal Clarifies Its Powers To Disturb The Result Of A Creditors Resolution

    The Court exercised its discretion and ordered that a proposed creditors' resolution to appoint liquidators was passed.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    COVID-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 Property
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Parallel importing, trade marks and Australian Consumer Law: how the cookie crumbled

    Great value for businesses in proactively registering trade marks as a method of defending their brand in Australia.
    AustraliaIntellectual Property
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Amendments 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 Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Investing in Africa via Australia - Why It Makes Sense

    Australian listed mining companies with African assets are ideal for Chinese companies wishing to invest in Africa.
    AustraliaInternational Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Law Firms in Australia Must Develop Asian Capabilities

    Asia will become a more significant source of new ideas, technologies and leading-edge legal practice for Australia.
    AustraliaInternational Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Why now is the time to break through to an Australia-China FTA and a suggested step in the right direction

    There has been a breakthrough in the latest round of negotiations between Australia and China on a Free Trade Agreement.
    AustraliaInternational Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    AI 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 & Arbitration
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Showing 961–980 of 3151 results

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