Vendors Beware! Who is responsible for t....

Feb 15, 2016

In standard form Contracts for Sale and Purchase of Land in NSW (Contract), it is usually the case that the purchaser will be responsible for the preparation of a Real Property Transfer (Transfer) to effect the ultimate transfer of the land between the parties....

Sorry I’m late: missing the deadli....

Feb 12, 2016

When a debtor proposes a Personal Insolvency Agreement (PIA), the controlling trustee of the debtor’s property is required, under ss. 190 and 194 of the Bankruptcy Act 1966 (Cth) (the Act), to call a meeting of  creditors within 25 working days of the s.188 authority...

Turbulent times for lessors as liquidato....

Feb 11, 2016

In a decision handed down today, the Supreme Court of New South Wales found that GE’s proprietary interest in assets worth in the order of $50M was extinguished upon the appointment of administrators to the purchaser company, Forge Group Power Pty Limited. The...

Coming back from the brink | Supreme Cou....

Jan 25, 2016

In two recent decisions of the Supreme Court of New South Wales, In the matter of Westside Sugar Cane Juicery Pty Ltd [2015] NSWSC 1991 (Westside) and In the matter of Deccan Holdings Pty Ltd (in liquidation) [2015] NSWSC 1989 (Deccan Holdings), His Honour Justice...

Resolution Revolution: A useful way to a....

Jan 18, 2016

It is a common misconception that the Corporations Act 2001 (Cth) operates so that only two resolutions may be put at the first meeting of creditors of a company in administration. The recent decision of Hancock, in the matter of Tarleton & Peters Pty Limited...