41-50 of 57 results
Statutory priority of secured creditors and trustee insolvency: implications of Re Amerind appeal decision
Implications of Re Amerind appeal decision has been widely welcomed by insolvency practitioners and others, as it brought some clarity to the question of whether the statutory order of priority applies to trust creditors. ...
Trustee insolvency - the Full Federal Court weighs in to the debate
The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...
High Court decision on retention obligations provides some clarity to liquidators
The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...
'Chain of Responsibility' amendments impose new environmental obligations in Queensland
The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...
A step closer to industry funding of ASIC
Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...
Take care! Court confirms the devil in the details for PPSA registrations
In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...
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 ...
Distressed debt M&A - share transfers without a scheme
The Supreme Court of New South Wales has given further guidance on the scope of its power to grant leave to a deed administrator to compulsorily transfer the shares of a company The decision in the matter of Nexus Energy Ltd subject to deed of company arrangement 2014 NSWSC 1910 confirms that this ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...