When will the Court appoint a Provisiona....

Oct 6, 2017

The appointment of a provisional liquidator is a drastic imposition into the affairs of a company and will only be done in circumstances where there are no other remedies available to maintain the status quo pending a final determination of a winding up application....

Creditor’s right to a “risk....

Oct 3, 2017

In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and the bankrupt’s only creditor, funded the the bankruptcy trustee’s pursuit of two properties.  Upon sale of the properties, Ms Low was paid the entirety of the amount...

What constitutes a “supporting affidavit....

Aug 31, 2017

In the recent decision of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the Victorian Court of Appeal determined whether a “supporting affidavit” had been filed within the 21 day time limit prescribed by s459G of the Corporations Act 2001(Cth) (the Act)....

When is “practical completion....

Aug 21, 2017

In the recent NSW Court of Appeal decision of Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 the Court of Appeal determined that, under an amended AS4000 construction contract, the date of “practical completion” was the date the...

Foreign Affairs: When Bankrupts have ass....

Aug 17, 2017

In the recent decision of Talacko v Bennett [2017] HCA 15, the High Court considered whether a judgment creditor of a bankrupt could apply for a certificate under section 15 Foreign Judgments Act 1991 (Cth) (FJA) with respect to a judgment against a bankrupt, for the...