High Court: Foreign freezing order free....

Oct 15, 2015

The High Court in PT Bayan Resources TBK v BCBC Singapore Pte Ltd & Ors has approved the grant a freezing order over Australian assets owned by an Indonesian company involved in a lawsuit with a Singaporean company in Singapore in anticipation of the registration...

Defective Statutory Demand? Whose....

Sep 29, 2015

The Federal Court of Australia has affirmed that the existence of technical defect in a Statutory Demand will not automatically entitle its recipient to an order setting the demand aside. In the recent decision of Pluton Resources Limited (Receivers and Managers...

Security for payment during insolvency

Sep 10, 2015

Generally, where a successful adjudication applicant applies to the court for leave to enforce a determination pursuant to s43 of the Construction Contracts Act 2004 (WA) it is expected that the court will exercise its discretion and grant the leave sought. However,...

Binding Non-Parties to Court Orders

Sep 7, 2015

What is a liquidator to do in circumstances where a company in liquidation is ostensibly bound by a court order which, if complied with, is likely to give rise to a voidable transaction? The answer (aside from the more general “apply to the court for...

The retrospective corrective

Sep 4, 2015

The Federal Court was recently faced with an application for leave for a company to be wound up voluntarily in circumstances where liquidators had been appointed to the company despite a winding up application already having been filed. In Shaw, in the matter of B...