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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Oct162017

Insolvency update: setting aside a deed of company arrangement

In the decision of Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products (Administrators Appointed)  [2016]...
Oct122017

Good Business Practice Guides

The Australian Competition and Consumer Commission (ACCC) together with Australian Securities and Exchange Commission and various state and territory consumer...
Oct092017

Take it to the bank: knowledge of fraud is required!

In Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, the Supreme Court of NSW dismissed a plaintiff’s claim for...
Oct092017

Special leave to distribute surplus in a winding up

In the recent decision In the matter of I & P Holdings Pty Limited (in liquidation) [2017] NSWSC 975, Black...
Oct062017

When will the Court appoint a Provisional Liquidator?

The appointment of a provisional liquidator is a drastic imposition into the affairs of a company and will only be...
Oct052017

Getting your ducks in a row: Applications for disclosure in the Equity Division

Practice Note SC Eq 11 It has been more than five years since the introduction by the Supreme Court of New...
Oct032017

Creditor’s right to a “risk premium” for funding bankruptcy trustees

In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and the...
Sep042017

Statutory Demands: searching for assign?

Creditor’s Statutory Demands have become a useful, cheap and effective way of ensuring companies which owe money pay attention to...
Sep012017

You can’t keep a good man down!

Recognisable across Sydney for his colourful sandwich boards and animated personality, serial purveyor of smiles Danny Lim was this week...
Aug312017

What constitutes a “supporting affidavit” under S 459G of the Corporations Act 2001 (Cth)?

In the recent decision of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the Victorian Court of Appeal determined...
Aug302017

Salim Chance: a lesson in timely communication, good recording keeping, and ‘holding out’

The recent case of In the matter of Sydney Project Group Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) and S.E.T....
Aug212017

When is “practical completion” actually achieved?

In the recent NSW Court of Appeal decision of Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113...
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