Direct Duty to Creditors?

Jan 22, 2018

The Full Court of the Supreme Court of South Australia (the Court) recently handed down its judgment in the long running matter of Macks v Viscariello [2017] SASCFC 172 (Macks). Macks concerned circumstances which would not have been the envy of any insolvency...

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...

Caps Lock: Online Ticket scalpers to los....

Dec 4, 2017

The NSW Parliament has passed amendments to the Fair Trading Act 1987 (NSW) (FT Act) to outlaw ticketing software or ‘bots’ from circumventing anti-scalping protections on ticketing websites. Ticket scalping bots are computer programs that allow ticket...

Sue who? An insurer can now be sued dire....

Dec 4, 2017

On 1 June 2017 the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act) came into effect. A key purpose of this legislation is to simplify the process by which parties can seek to join insurers of an insolvent defendant who would otherwise be...