Don’t waive your privilege goodbye – ref....

Jun 11, 2013

The right to claim privilege over documents and communications is an important right which protects parties from an obligation to disclose those documents and other communications to third parties. Privilege takes a number of forms, the one this article is concerned...

O’Brien v Bank of Western Australia Ltd:....

May 9, 2013

The New South Wales Court of Appeal recently handed down an important decision regarding the scope of “suspension clauses” in the case of O’Brien v Bank of Western Australia Ltd [2013] NSWCA 71. Suspension clauses typically provide that the debtor agrees not to raise...

The mother of all proceedings

May 2, 2013

“If a liquidator of a company wishes to bring a single proceeding to recover unfair preferences from multiple defendants, it is open to him or her to file and serve the originating process, together with an interlocutory process seeking the court’s leave under Part 8...

Realising returns for receivers: the MSI....

Apr 16, 2013

When a secured creditor appoints an insolvency practitioner as the receiver of a company that has also been wound up in insolvency by the Court, a question can often arise as to whether the Official Liquidation provisions of the Corporations Act 2001 (Cth) (“the...

Approval of a liquidator’s remuneration....

Mar 27, 2013

Section 473(3) of the Corporations Act 2001 (Cth.) (“the Act”) provides that in a court appointed liquidation, a liquidator may have his or her remuneration determined by agreement between the liquidator and a committee of inspection (if there is one) and if there is...