Articles

Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis

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Feb122016

Sorry I’m late: missing the deadline for calling a creditor’s meeting

When a debtor proposes a Personal Insolvency Agreement (PIA), the controlling trustee of the debtor’s property is required, under ss. 190...
Feb112016

Turbulent times for lessors as liquidators enjoy windy windfall

In a decision handed down today, the Supreme Court of New South Wales found that GE’s proprietary interest in assets worth in the...
Jan252016

Coming back from the brink | Supreme Court provides guidance on the evidence required to terminate a winding up

In two recent decisions of the Supreme Court of New South Wales, In the matter of Westside Sugar Cane Juicery...
Jan182016

Resolution Revolution: A useful way to assist the Court in determining an application to extend a convening period

It is a common misconception that the Corporations Act 2001 (Cth) operates so that only two resolutions may be put...
Jan142016

Privacy – Dangerous Territory

Warning  Insolvency practitioners may be unwittingly exposing themselves and their colleagues to fines of up to $1,700,000. That got your...
Jan112016

High Court rules on Liquidators’ obligations to retain sale proceeds for anticipated capital gains tax assessments

In recent times, there has been much conjecture surrounding whether liquidators and receivers are obliged to retain monies received from...
Jan042016

SA Supreme Court provides helpful guidance on Liquidators’ Remuneration and the issue of Proportionality

In the recent decision of Macks & Anor v Maka & Anor [2015] SASC 200 (Macks) the Supreme Court of...
Dec072015

Surviving the silly season. The quirks of appointing an administrator close to Christmas

Following their appointment, a voluntary administrator has a limited time within which to prepare their report to creditors pursuant to...
Dec072015

One-year bankruptcies among new insolvency reforms

The Federal Government has today announced a package of insolvency law reforms which will include: a default bankruptcy duration of one...
Nov252015

AFSA Video: Referring Offences

The Australian Financial Services Authority has released a video podcast to help insolvency practitioners meet their obligations to refer possible...
Nov242015

Setting aside a winding up order

It is commonly presumed that an order to wind up a company is an order set in stone and that...
Nov232015

Is it defamatory to call a lawyer “Dennis Denuto”?

in Smith v Lucht, the Queensland District Court has decided that comparing a lawyer to “Dennis Denuto” of The Castle...
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