1-10 of 52 results
Security of payment: preventing enforcement of adjudicated amounts to contractors in precarious financial positions
The Queensland Supreme Court has granted a stay preventing enforcement of a judgment debt obtained by a contractor in reliance upon an adjudication decision pursuant to the Building Industry Fairne ...
High Court confirms that corporate trustees do not owe a fiduciary duty to predecessors
Further to our previous Insight , the High Court has confirmed that a successor trustee does not owe a fiduciary obligation to a former trustee in respect of the entitlement of the former trustee t ...
High Court to rule on validity of indefinite time extensions in winding up proceedings
In a special leave application filed with the High Court of Australia, a judgment debtor is seeking to avoid being wound up in insolvency on the basis that an order to extend the statutory six-month period was ineffective as it was granted to 'a date to be fixed'; an indefinite time. ...
Pooling orders: when is a right to sue 'used in connection with' a joint business?
In September 2024, the High Court delivered an important decision concerning whether a right to sue held by companies in liquidation could engage the requirements for a pooling order under s579E(1) of the Corporations Act 2001 (Cth) (Corporations Act). ...
Unreasonable director-related transaction – liquidator successfully challenges the grant of a mortgage as cross-security
In a recent Federal Court decision, a liquidator was successful in having a mortgage declared an unreasonable director-related transaction under section 588FDA of the Corporations Act 2001 (Cth). ...
Insolvency in Australia: 2023 in review
2023 emerged as a dynamic year for corporate insolvency. This article provides an overview of the key developments in corporate insolvency in 2023. ...
New year review: contract resets in the infrastructure sector
A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...
Corporate trustees: no fiduciary duty owed by a successor trustee to its predecessor
A recent New South Wales Court of Appeal judgment has resolved a difficult question concerning the law of corporate trustees, and serves as a practical reminder of the difficulties faced, in particular, by insolvency practitioners appointed to insolvent former trustees. ...
Future-proofing the energy transition: strategies for mitigating project disputes
In this Insight, we explore the major trends that we believe will prove the most fertile ground for future projects disputes. ...
Key observations from the Government's review of Australia's corporate insolvency regime
Key observations from the Government's review of Australia's corporate insolvency regime. ...