Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Jul252013
A wasted appeal: Environmental Protection Authority v Condon [2013] NSWSC 777
The Environmental Protection Authority’s recent challenge to a liquidator’s decision to reject a $49 million proof of debt turned into...
Jun272013
Legal Costs in Insolvency Matters
Commencing proceedings in Court is an expensive process. The costs of that process can be a very real issue for...
Jun112013
Don’t waive your privilege goodbye – referring to legal advice in a report to creditors
The right to claim privilege over documents and communications is an important right which protects parties from an obligation to...
May092013
O’Brien v Bank of Western Australia Ltd: When suspension clauses are “suspended”
The New South Wales Court of Appeal recently handed down an important decision regarding the scope of “suspension clauses” in the...
May022013
The mother of all proceedings
“If a liquidator of a company wishes to bring a single proceeding to recover unfair preferences from multiple defendants, it...
Apr162013
Realising returns for receivers: the MSI Holdings case
When a secured creditor appoints an insolvency practitioner as the receiver of a company that has also been wound up...
Apr022013
New traps for tax agents
This update concerns a significant new risk for tax agents, which is fortunately able to be minimised by implementing a...
Mar272013
Approval of a liquidator’s remuneration in voluntary winding-up
Section 473(3) of the Corporations Act 2001 (Cth.) (“the Act”) provides that in a court appointed liquidation, a liquidator may...
Mar052013
Disputing the source of the debt may not be enough to set aside a statutory demand
A company that is served with a statutory demand must either pay the amount referred to in the demand or...
Feb202013
Cost risks for liquidators in statutory demand matters
The recent case of Re Gowinta Farms Pty. Limited [2012] QSC 423 highlights the importance for insolvency practitioners to ensure...
Feb052013
Protecting a Company in Receivership
As is well known, if a Company is in default of its obligations to a secured creditor the usual response...
Jan242013
Challenging a statutory demand – serve all evidence within 21 days
A company that is served with a statutory demand must either pay the amount referred to in the demand or...
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