Uncommercial transactions require a clos....

May 12, 2015

In circumstances where a single unsecured creditor of a company in liquidation has received a considerable benefit over and above that received by the other unsecured creditors just prior to the company’s liquidation, one could be excused for thinking this would give...

Creditors of incorporated associations p....

Apr 29, 2015

The Supreme Court of Queensland has found that the unfair preference recovery provisions of the Corporations Act 2001 (Cth.) do not apply in the winding up of incorporated associations – Robson & Ors v Commissioner of Taxation [2015] QSC 76. The dominant...

Lender’s duty to deregistered borr....

Apr 27, 2015

The New South Wales Court of Appeal in Golden Mile Property Investments Pty Ltd (in liq) v Cudgegong Australia Pty Ltd [2015] NSWCA 100  has affirmed that a duty of care owed by a mortgagee in possession in the exercise of a power of sale to act in good faith and deal...

Cross-Claim – when it can be a shi....

Apr 24, 2015

In the recent decision of  QUBE Logistics (Vic) Pty Limited v United Equipment Pty Limited [2015] WASC 70 in the Western Australian Supreme Court, it was held that a contractual term which prevented a debtor from raising a dispute or cross-claim unless the invoice had...

Supreme Court rules on secured creditor....

Apr 21, 2015

The Supreme Court of New South Wales has ruled that a secured creditor is not entitled to appoint an administrator (under section 436C of the Corporations Act 2001 (Cth.)) unless mortgage duty has been paid on the security instrument: Photios v Cussen and Senatore (in...