Intelligence

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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Oct152013

It’s easier to ask for forgiveness than permission

I’ve always wanted a motorbike, but my wife won’t let me have one. I once asked a Harley-owning friend of...
Sep242013

A liquidator’s conscience

It is not every day that a decision about how to distribute funds in a winding up turns on the conscience...
Sep062013

Creditor owed money? Reject the proof!

It is very common for commercial documents to contain provisions which limit the right of creditors to lodge proofs of...
Aug202013

When lawyers pay the price: Barnden v Tadrosse

Unfortunately, insolvency practitioners are often put to the cost of defending ill-conceived litigation commenced by a bankrupt or some other...
Aug072013

Keeping it out of the family: Related Party v Related Entity

From time to time we see section 439A reports with proposals for the company to enter into a deed of...
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...
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