High Court rules on Liquidators’ o....

Jan 11, 2016

In recent times, there has been much conjecture surrounding whether liquidators and receivers are obliged to retain monies received from the proceeds of sale of assets in contemplation of an  assessment being issued by the Commissioner of Taxation for any apparent net...

SA Supreme Court provides helpful guidan....

Jan 4, 2016

In the recent decision of Macks & Anor v Maka & Anor [2015] SASC 200 (Macks) the Supreme Court of South Australia has provided some helpful guidance for liquidators (and indeed appointees under other types of appointment) concerning the impact of questions of...

Setting aside a winding up order

Nov 24, 2015

It is commonly presumed that an order to wind up a company is an order set in stone and that nothing can be done to resurrect the fate of the company. However this is not true. Justice Markovic in the recent case of Pugh v Pro Stainless Pty Ltd (in liq); in the matter...

Is it defamatory to call a lawyer....

Nov 23, 2015

in Smith v Lucht, the Queensland District Court has decided that comparing a lawyer to “Dennis Denuto” of The Castle fame is defamatory, but “the vibe” saved the day. The matter emerged from a family dispute.  The father of one party to the...

When can a non-director appoint an admin....

Nov 23, 2015

Insolvency practitioners are well aware of the power of directors to appoint an administrator to a company.  However, the question of whether a non-director has the power to make such an appointment is less clear. The recent case of Ross Ingram and anor as joint and...