Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Oct162014
WA Court of Appeal challenges Graywinter Principle for Statutory Demands
The WA Supreme Court in the decision of Pravenkav Group Pty Ltd v Diploma Construction Pty Ltd [No 3] [2014]...
Oct142014
ARITA Discussion Paper Released
ARITA, the Australian Restructuring and Insolvency Turnaround Association, has released a new discussion paper titled A Platform for Recovery. The...
Oct082014
Federal Court: No duty of loyalty
A recent Federal Court decision has found that solicitors do not owe any overarching duty of loyalty to former clients. Solicitors...
Oct082014
High Court: Builder owes no duty of care to Strata Plan
The High Court in Brookfield Multiplex v SP61288 has ruled that the builder of an apartment building owes no duty...
Oct012014
Open Season for PPSR Review
The first of four review papers considering the operation of the Personal Property Securities Act (“PPSR“) is now open for...
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....
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