Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Sep292014
Sep262014
Federal Court: Liquidators are not “officers”
A surprising Federal Court decision has determined that a liquidator “is not an officer of the corporation for the purposes...
Sep252014
Court of Appeal thwarts attempt to stifle liquidator
A liquidator does not always need to provide security for costs when bringing actions in the name of an insolvent...
Sep222014
Irish court allows liquidator to serve papers via LinkedIn
An Irish court has allowed a liquidator to serve papers via LinkedIn. For more information, see here.
Sep222014
Out of control – VSC punts unregistered receiver
The Corporations Act has different requirements for “controllers” and “receivers” – notably the requirement that all receivers be registered liquidators...
Sep182014
Bailed out – PPSA loopholes closed
A recent decision has shed light on when bailments and consignments will be deemed to be “security interests” (and when...
Sep182014
Remuneration ravaged, expenses disallowed – NSW Supreme Court puts the system on trial
In a decision handed down yesterday, the Supreme Court got well and truly stuck in to liquidators and their lawyers....
Sep172014
Capping redundancy payouts in insolvencies
A proposed amendment to the Fair Entitlements Guarantee Act 2012 (Cth) is presently before Federal Parliament. If this amendment is...
Sep162014
First bite of the pie
When you have two caveators both claiming the same money, who gets paid first? This was one of the several...
Sep122014
Elite Group Appointment of Liquidators Stands
In March 2014, ERA Legal appeared in the Federal Court of Australia and obtained orders for the appointment of provisional...
Sep122014
High Court narrows grounds for rejection of insurance claims
In the decision of Maxwell v Highway Haulers Pty Ltd the High Court has endorsed a broader interpretation of s54(1)...
Sep092014
Removing security interests the cheap way
With the introduction of the Personal Properties Securities Register, there is now a streamlined process where a party is able...
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