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