What’s the harm? The practical con....

Apr 11, 2016

In a recent decision by her Honour Olsson J in the District Court of New South Wales, a creditor has learned the hard way about the consequences of breaching the Harman Rule which we recently wrote about in our article: Contempt, Confidentiality and the Courts. The...

Confidentiality, Contempt and the Court:....

Apr 1, 2016

All may be fair in love, war and litigation, but companies and individuals engaged in litigation need to remember that the use documents obtained in litigation via a compulsory process of the court (such as through disclosure or a subpoena) for any other purpose is...

The Eleventh Hour Appointment

Mar 24, 2016

The Supreme Court of New South Wales has recently restated the position on last minute appointments of an administrator in the context of winding up proceedings. In the matter of Business In Focus Pty Ltd serves as a reminder for both insolvency practitioners and...

A scrappy defence sees administrators pe....

Mar 14, 2016

The decision of the Supreme Court of New South Wales in THC Holding Pty Ltd v CMA Recycling Pty Ltd [2014] NSWSC 1136 (THC Holding) acts as a reminder that the Personal Property Securities Act 2009 (Cth.) (PPSA) is not always the final word on ownership, and...

Trust Me

Mar 11, 2016

On 23 February 2016, the Supreme Court of New South Wales delivered a decision of relevance to the practice of every liquidator in Australia. Justice Brereton, whose recent decisions on insolvency practitioner remuneration have drawn a fair bit of attention, delivered...