Be transparent or pay the price

Feb 19, 2018

In a recent decision  In the matter of Boss Engineering (NSW) Pty Limited [2017] NSWSC 1334 (Boss Engineering), Brereton J dealt with an application to set aside a statutory demand made out of time. As is commonly known, pursuant to section 459G of the Corporations...

A foreign regime – winding up over....

Feb 19, 2018

Foreign entities conducting business in Australia are an incredibly common feature of Australia’s modern corporate landscape. The growth in international companies conducting business in Australia has, unsurprisingly, led to an increase in commercial disputes of all...

Give me more time: extending the conveni....

Dec 14, 2017

The recent decision of Moshinsky J in Kaso, in the matter of Speedpanel Australia Ltd (Administrators Appointed) (No 2) [2017] FCA 862 provides a timely reminder of the balancing role the Court plays when determining an application made under section 439A(6) of the...

Bankruptcy Update, Take 2: Going behind....

Dec 14, 2017

Last year we outlined the decision of the Full Court of the Federal Court in Compton v Ramsay Healthcare Australia Pty Ltd [2016] FCAFC 106 in which the Court found that the paramount focus in bankruptcy matters is satisfactory proof of the petitioning creditor’s...

Truss Issues: interpreting dispute resol....

Dec 1, 2017

The New South Wales Supreme Court of Appeal has affirmed long standing contract interpretation principles when construing a dispute resolution clause. Background Lipman Pty Ltd v Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) [2017]...