PPSA – the 20 business day rule: w....

Apr 4, 2018

In the matter of David Brown Gear Industries Pty Ltd [2017] NSWSC 907, the Plaintiff sought orders pursuant to section 588FM(1) of the Corporations Act 2001 (Cth) (Act) for an extension of time to register a security interest on the Personal Property Securities...

Voidable transactions – the one wh....

Mar 19, 2018

The Supreme Court of Queensland recently considered an application under section 588FF(3)(b) of the Corporations Act 2001 (Cth) (Act) in Shepard v HP Industrial Pty Ltd [2018] QSC 10. The liquidator of HP Industrial Pty Ltd (in liquidation) (the Liquidator) sought to...

Service by post – but I didn....

Mar 19, 2018

The recent decision of Szepesvary v Weston (Trustee), in the matter of Szepesvary (Bankrupt) (No 2) [2018] FCA 87 considered an application by a bankrupt seeking to annul his bankruptcy pursuant to section 153B of the Bankruptcy Act 1966 (Cth) (Act) and to set aside...

Would the real Applicant please wind-up!....

Mar 5, 2018

In the decision of In the matter of IR Services (Qld) Pty Limited [2017] NSWSC 1823, Black J considered who could apply pursuant to section 459P of the Corporations Act 2001 (Cth) (Act) for an order that a company be wound up. The Plaintiffs, Jason Murray and Robert...

Financial agreements: undue influence, u....

Feb 19, 2018

On 8 November 2017, the High Court handed down its decision in Thorne v Kennedy [2017] HCA 49, providing clarity on the nature and application of the equitable doctrines of undue influence, duress and unconscionable dealings between parties to an agreement. Facts The...