Liquidators’ Late Amendment Upheld....

Jan 9, 2017

The decision of the New South Wales Court of Appeal in Sydney Recycling Park Pty Ltd v Cardinal Group Pty Ltd (in liq) [2016] NSWCA 329 will be warmly received by liquidators. The case confirms a liquidator’s ability, in certain circumstances, to amend a claim...

Bankruptcy Update: When does an insuranc....

Dec 9, 2016

It is well-established that pursuant to section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) any action which has been commenced by a person who becomes bankrupt becomes immediately stayed until the trustee in bankruptcy makes an election to continue or discontinue...

Access Granted: Liquidators successfully....

Dec 9, 2016

In the High Court’s decision in CGU Insurance Limited v Blakeley [2016] HCA 2 the Court confirmed that a Liquidator can join an insurer under a director’s liability insurance policy (commonly known as a D&O Policy) to proceedings against a director, for the...

Electronic Signature Enforcement Exposur....

Oct 24, 2016

The rise of the internet has been disruptive to many traditions, and the humble paper contract is no exception.  Dozens of online services now permit users to upload an image of their signature to digitally sign contracts.  However, the warm feeling of complacency and...

Unfair Preferences: Is the debt unsecure....

Oct 4, 2016

In the recent Federal Court decision of Hussain v CSR Building Products Limited, in the matter of FPJ Group Pty Ltd (In Liq) [2016] FCA 392, his Honour Justice Edelman determined that a retention of title clause had the effect of causing a debt to be...