Challenging the rejection of a proof of....

Jul 16, 2014

In a judgment that demonstrates that a statutory authority’s claim in a proof of debt should not necessarily be taken at face value, the Supreme Court New South Wales Court of Appeal has handed down a decision supporting a liquidator’s rejection of a proof of debt...

Shooting of liquidators: un-Australian

Jun 16, 2014

Being a liquidator can be a risky business. Liquidators (and their legal advisers) have a long tradition of putting their bodies on the line for the sake of their work, selflessly risking personal harm through exposure to such dangers as high cholesterol, liver...

Regretting the reluctance of owners to o....

Apr 10, 2014

The importance of s.80D resolutions under the Strata Schemes Management Act in building defect claims The recent decision in The Owners – Strata Plan No. 70798 v Bakkante underscores the critical importance of Executive Committee members keeping lot owners informed...

Payment may not solve the problem

Mar 14, 2014

An application to have a liquidator appointed to a company is usually made by a creditor who is owed money by the company. Understandably, when that happens it is very common for the company to think it can remove the risk of having a liquidator appointed by paying...

Federal Court finds credit card late fee....

Feb 6, 2014

The Federal Court has handed down a judgment in the matter of Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35 ruling that ANZ’s credit card late fees constitute an unenforceable penalty. It is a long judgment (105 pages) but in a nutshell:-...