21-30 of 54 results
Trustee insolvency - the High Court has cleared up the confusion, or at least some of it - where are we now?
A recent High Court case has brought very welcome clarity to questions that have long bedevilled the insolvency of corporate trustees. We explain the decision and its ramifications. ...
Court confirms priority to receivership profits
A Supreme Court of Queensland judgment handed down today has provided greater certainty for secured creditors of companies that earn profits following the appointment of a receiver The judgment dispels suggestions that the law was uncertain and means that secured creditors can continue to fund ...
Octaviar - the perils of procrastination
In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...
Important new changes to PNG company law
Major changes to PNG company law have important ramifications for company directors company secretaries and anyone with an interest in the winding up of a company Partner Richard Kriedemann and Senior Associate Sarah Kuman report on the impact of the new laws ...
Insolvency Law Reform Bill - harmonisation not radical reform
The Federal Government has released its package of reforms to Australia's personal and corporate insolvency laws which Includes a draft Bill that proposes to streamline the regulatory framework applying to insolvency practitioners ...
Is hourly billing for liquidators back?
The NSW Court of Appeal has recently considered the basis on which liquidators reasonable remuneration should be determined Partner Chris Prestwich Senior Associate Przemek Kucharski and Lawyer Kane Kersaitis report on the decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd in liquidation v ...
Defending unfair preference claims: set-off and security revisited
A recent Federal Court decision has highlighted two grounds on which creditors should consider defending unfair preference claims which are brought by liquidators Partner Chris Prestwich and Lawyer Tim Chiang look at a case that deals with what constitutes an unsecured debt and the extent to which ...
Bankruptcy and insolvency law reforms and the innovation agenda
The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Allens acts on AirportlinkM7
Allens has advised the lender-appointed Receivers and Managers of BrisConnections on the sale of the AirportlinkM7 tollroad for A$1.87 billion to the Transurban Queensland consortium. The 6.7km ...