Publications
VIEW:
Insolvency Updates
Insolvency Updates
27 November 2018
Ready, willing and able to provide funding to a company – the evidence requirement
Insolvency Updates
14 November 2018
INSOLVENCY UPDATE: Liquidator appointed despite remuneration dispute
Insolvency Updates
30 October 2018
Court denies liquidator’s appointment due to lack of independence
Insolvency Updates
23 October 2018
Trust Killarnee (until the High Court says otherwise)
Insolvency Updates
20 September 2018
Holding DOCAs get three thumbs up
Insolvency Updates
06 September 2018
ASX-listed shell companies: hot property
Insolvency Updates
28 August 2018
A-ssign of the times for insolvency practitioners
Insolvency Updates
08 August 2018
Dual approach to an unfair preference defence
Insolvency Updates
23 July 2018
Single Touch Payroll: what insolvency practitioners need to know
Insolvency Updates
12 July 2018
A book by any other name: admissibility of digital data under the Corporations Act
Insolvency Updates
27 June 2018
Court clarifies the priority afforded to an administrator’s lien
Insolvency Updates
14 May 2018
The path to Court is paved with good intentions: seeking directions under the Insolvency Practice Schedule
Insolvency Updates
09 May 2018
Getting your facts straight: preparing your business for ipso facto reform
Insolvency Updates
04 May 2018
When is an assigned loan, not a loan?
Insolvency Updates
12 April 2018
Ipso what - an end to clauses that terminate a contract because of a company’s external administration?
Insolvency Updates
28 March 2018
Project Bank Accounts in Formal Appointments
Insolvency Updates
14 March 2018
The Amerind Appeal: Receivers can be trusted with the assets
Insolvency Updates
12 March 2018
Recent exciting developments
Insolvency Updates
14 February 2018
Adjourning a winding up application
Insolvency Updates
30 January 2018
Paladin and s444GA
Insolvency Updates
16 January 2018
What costs are recoverable by examinees?
Insolvency Updates
05 December 2017
“Only if you show me the money” – Is an examinee entitled to the costs of compliance with an examination summons?
Insolvency Updates
21 November 2017
Taking it personally: the effect of bankruptcy on court proceedings
Insolvency Updates
25 October 2017
Leave to proceed against a company in liquidation
Insolvency Updates
11 October 2017
Illegal Phoenixing - Can it be extinguished by law reform?
Insolvency Updates
27 September 2017
The State of Law: The Bold and the Beautiful
Insolvency Updates
12 September 2017
Related entities and failure to prevent insolvent trading – go to the back of the line
Insolvency Updates
29 August 2017
Hold on a second: WA Court of Appeal confirms “holding” DOCAs are valid
Insolvency Updates
17 August 2017
Missed call means liquidator breaches section 180
Insolvency Updates
18 July 2017
Seeking forgiveness, not permission: approval of litigation funding
Insolvency Updates
04 July 2017
Divine intervention
Insolvency Updates
20 June 2017
Bankruptcy Act transcends borders
Insolvency Updates
07 June 2017
Notice of second creditors’ meeting via SMS?
Insolvency Updates
23 May 2017
Environmental obligations given priority over liquidators’ remuneration
Insolvency Updates
11 May 2017
Out with the old, in with the new: courts begin applying major insolvency reforms
Insolvency Updates
28 April 2017
Debt Agreements – Disclosing debts and dealing with money
Insolvency Updates
27 April 2017
Supreme Court of Western Australia approves the use of holding DOCAs
Insolvency Updates
11 April 2017
Safe harbour for directors’ duty to prevent insolvent trading gains momentum
Insolvency Updates
16 March 2017
Family Court in charge: the impact of Family Court orders on external administrations
Insolvency Updates
28 February 2017
PPSA registrations – amending or extending after vesting: a recent decision
Insolvency Updates
14 February 2017
Reducing the risk of paying interlocutory Court costs before trial
Insolvency Updates
31 January 2017
Retention of Title – do those words still mean anything?
Insolvency Updates
25 January 2017
Monitoring bankruptcy trustees content
Insolvency Updates
18 January 2017
Leave to proceed against a company in liquidation - Forging On
Insolvency Updates
22 November 2016
Suspension, indemnity and demand – a recent decision of the West Australian Court of Appeal
Insolvency Updates
07 November 2016
Recent judicial consideration of statutory exception to pari passu rule
Insolvency Updates
31 October 2016
Bankruptcy: Employment and financial restrictions
Insolvency Updates
25 October 2016
ASIC Civil Penalty Claim Against Liquidator ends in Consent Orders
Insolvency Updates
10 October 2016
Oath taker or Oath breaker?
Insolvency Updates
28 September 2016
Setting aside a public examination summons
Insolvency Updates
14 September 2016
A shopping list for invalidity and impropriety – voluntary administration of listed entities
Insolvency Updates
30 August 2016
Voluntary administrations and liquidations – validly convened COIs
Insolvency Updates
16 August 2016
Accolade Wines Australia Limited – extending the time for PPS registrations
Insolvency Updates
03 August 2016
Managed Investment Schemes - Section 253E of the Corporations Act 2001 revisited
Insolvency Updates
19 July 2016
Legend International Holdings Inc – Winding up in Australia v Chapter 11
Insolvency Updates
04 July 2016
Directors of a company and its holding company held liable for the same insolvent trading debts
Insolvency Updates
20 June 2016
Restructuring through a scheme of arrangement
Insolvency Updates
07 June 2016
There is a first time for everything: voluntary administrators successfully apply to stay arbitral proceedings using s 447A
Insolvency Updates
23 May 2016
Administration in the e-age
Insolvency Updates
02 May 2016
Pay now, litigate later: a key decision of the WA Court of Appeal
Insolvency Updates
26 April 2016
Second and subsequent Court sanctioned extensions to convening periods
Insolvency Updates
11 April 2016
Carpenter International: The vesting of security interests in the external administration of corporations
Insolvency Updates
15 March 2016
Time-based remuneration and small liquidations – liquidator clocked for being on the clock
Insolvency Updates
15 February 2016
Liquidator’s power to enter into agreements - applicability of section 477(2B) of the Corporations Act 2001 (Cth)
Insolvency Updates
02 February 2016
Retention of funds to meet CGT liabilities - certainty at last, for liquidators, administrators and receivers
Insolvency Updates
15 January 2016
Liquidators – using all of the tools in the toolbox
Insolvency Updates
30 November 2015
To provide detailed evidence or not to provide detailed evidence? That is the question
Insolvency Updates
16 November 2015
Can non-compliance with a statutory demand be relied upon if it occurs after a winding up application is filed?
Insolvency Updates
02 November 2015
Less is more: simplifying the PPSA
Insolvency Updates
19 October 2015
Can an unsecured debt be revived post-bankruptcy?
Insolvency Updates
07 October 2015
Winding up family businesses
Insolvency Updates
24 September 2015
Farm Debt Mediation – WA misses the carrot Farm debt mediation schemes oblige mortgagee – creditor
Insolvency Updates
08 September 2015
Ability to set-off insolvent trading or unfair preference debts under section 553C of the Corporations Act: recent decisions
Insolvency Updates
24 August 2015
Setting up your offsetting claim
Insolvency Updates
12 August 2015
Fair Entitlements Guarantee Recovery Programme
Insolvency Updates
04 August 2015
Additional remuneration for liquidators under section 511 of the Corporations Act 2001 (Cth)
Insolvency Updates
14 July 2015
Disclosing insolvency to the market and market-based causation:
Insolvency Updates
29 June 2015
Think you have a validly convened COI? Think again…
Insolvency Updates
16 June 2015
A word to the [style]wise: winding up in the absence of the company
Insolvency Updates
03 June 2015
Proportionate liability for all?
Insolvency Updates
19 May 2015
Mortgagee owes a duty of care to a deregistered mortgagor
Insolvency Updates
04 May 2015
Register early to avoid disappointment
Insolvency Updates
21 April 2015
Appointing investigative accountants – does this make a bank a shadow director?
Insolvency Updates
23 March 2015
The High Court confirms the ability to extend the time for commencing voidable transaction proceedings
Insolvency Updates
10 March 2015
Can third party mortgages to non-creditors jump the queue?
Insolvency Updates
24 February 2015
Misleading and deceptive conduct claims against insolvency practitioners – a recent commentary
Insolvency Updates
10 February 2015
CGH Engineering: seizing control of litigation in an administration
Insolvency Updates
02 December 2014
The decision in Stansfield: Out with everything including the kitchen sink
Insolvency Updates
18 November 2014
Receivers seek directions from the Supreme Court in relation to the PPSA and get their money’s worth
Insolvency Updates
03 November 2014
Proving uncommercial and insolvent transactions – a recent commentary
Insolvency Updates
17 October 2014
The Appeal from Australian Building Systems Pty Ltd: it appears there is still certainty in death and taxes
Insolvency Updates
07 October 2014
FEG, NES and making it fair
Insolvency Updates
23 September 2014
Bankruptcy: A fit and proper assessment
Insolvency Updates
09 September 2014
Genuine steps statements and statutory demands
Insolvency Updates
26 August 2014
Potential insolvency law reforms
Insolvency Updates
12 August 2014
Circulating assets, monetary obligations and the PPSA
Insolvency Updates
15 July 2014
Next stop for liquidators on the Clapham Bus
Insolvency Updates
01 July 2014
Factors to consider when proving insolvency
Insolvency Updates
17 June 2014
Attention liquidators: when not to seek directions under section 511
Insolvency Updates
03 June 2014
Directions for administrators: obtaining the court’s imprimatur on commercial decisions
Insolvency Updates
20 May 2014
Liquidator’s equitable lien still strong - High Court rubber stamps rule in Re Universal Distributing
Insolvency Updates
06 May 2014
An unjust “acquisition of property” is no defence for failed registration and loss of priority
Insolvency Updates
23 April 2014
Personal liabilities of liquidators for costs in unsuccessful proceedings
Insolvency Updates
08 April 2014
Taken to the cleaners: judicial guidance on what constitutes an overarching supply agreement
Insolvency Updates
26 March 2014
The decision in Australian Building Systems Pty Ltd: is there still certainty in death and taxes?
Insolvency Updates
11 March 2014
Insolvent, but not insolvent?
Insolvency Updates
11 February 2014
Liquidators’ application for directions: not always a rubber stamp
Insolvency Updates
21 January 2014
Creditors decide whether to accept a DOCA...or do they?
Insolvency Updates
06 December 2013
High Court Update - Liquidators justified in disclaiming leases in Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed) (In Liquidation) [2013] HCA 51
Insolvency Updates
29 October 2013
Exercise care when relying on Tribunal orders for section 459E statutory demands
Insolvency Updates
16 October 2013
Liquidators are entitled to remuneration for distributing insurance proceeds
Insolvency Updates
01 October 2013
Guidance in Appointing Administrators | Corporations Act
Insolvency Updates
01 October 2013
Directors free to roam
Insolvency Updates
17 September 2013
Economic trends in a reconstruction context – will things turn around?
Insolvency Updates
03 September 2013
PI insurance – lessons learnt from the Chambers collapse
Insolvency Updates
21 August 2013
Land tax priorities - receivers and liquidators no longer favoured by the Office of State Revenue?
Insolvency Updates
13 August 2013
Deeds of company arrangement and the “value” of a vote – some important considerations
Insolvency Updates
26 July 2013
Return of environmental bonds – the Mining Rehabilitation Fund
Insolvency Updates
24 July 2013
Building a bridge from Bridgecorp – clarifying priorities under claims made insurance policies
Insolvency Updates
09 July 2013
Creditor’s access to the records of liquidators
Insolvency Updates
25 June 2013
Injuncting the appointment of a voluntary administrator
Insolvency Updates
11 June 2013
When will a liquidator be permitted to assign a cause of action for value?
Insolvency Updates
28 May 2013
Can’t see the forest for the lease
Insolvency Updates
14 May 2013
Preserving the status quo: appointing provisional liquidators
Insolvency Updates
30 April 2013
When will the court order an inquiry into the conduct of receivers and managers?
Insolvency Updates
15 April 2013
Cash at bank: fixed or floating… and when to give it back
Insolvency Updates
02 April 2013
Assisting the aged: applying the “public interest” test to NCC Contracts
Insolvency Updates
19 March 2013
The meaning of independent advice
Insolvency Updates
07 March 2013
Power of directors to inspect books and records of company in receivership
Insolvency Updates
20 February 2013
FEG is the new GEERS
Insolvency Updates
08 February 2013
Administrator’s ability to limit liability
Insolvency Updates
18 December 2012
Insolvency Christmas Newsletter
Insolvency Updates
27 November 2012
Time to hit the pool!
Insolvency Updates
14 November 2012
Capital gains tax no longer certain for mortgagees?
Insolvency Updates
30 October 2012
High Court decision on Qantas GST liability – possible ramifications for insolvency practitioners
Insolvency Updates
17 October 2012
When two is company but three’s a crowd…
Insolvency Updates
02 October 2012
How to sue an insolvent company
Insolvency Updates
21 September 2012
Receivers win latest stoush in the Raine Square saga
Insolvency Updates
05 September 2012
How do you deal with unclaimed plant and equipment?
Insolvency Updates
28 August 2012
Jones, Saker, Weaver and Stewart (Liquidators), in the matter of Great Southern Limited (in liquidation) (receivers and managers appointed) [2012] FCA 807 (Great Southern)
Insolvency Updates
07 August 2012
Lessons for liquidators: section 588FF (3)(b) of the Corporations Act 2001
Insolvency Updates
30 July 2012
Changes to director penalty regime
Insolvency Updates
11 July 2012
Challenging a Liquidator’s entitlement to remuneration: In the matter of RMGA Pty Ltd [2012] NSWSC 678
Insolvency Updates
03 July 2012
Do receivers need to worry about the code of banking practice?
Insolvency Updates
18 June 2012
Guarantors who seek to avoid liability: unsigned guarantee documents
Insolvency Updates
30 May 2012
Georgiou Building Pty Ltd v Perrinepod Pty Ltd: Supreme Court decision on winding up orders made despite matters in dispute
Insolvency Updates
14 May 2012
Fair Work Ombudsman v Ramsey Food Processing Pty Ltd [2011] FCA 1176
Insolvency Updates
01 May 2012
In this world nothing can be said to be certain, except death and taxes
Insolvency Updates
16 April 2012
Priorities in respect of bank accounts of companies in receivership and under administration
Insolvency Updates
03 April 2012
ASIC website to publish corporate insolvency notices electronically
Insolvency Updates
22 March 2012
A rose by any other name: payments made on behalf of a debtor company can still be unfair preference payments: Kassem and Secatore v Commissioner of Taxation [2012] FCA 152
Insolvency Updates
07 March 2012
Court ordered remuneration: what will you receive[r]?
Insolvency Updates
20 February 2012
Red red wine – disclosure of assets in the bankruptcy context
Insolvency Updates
08 February 2012
Purchase money security interests
Insolvency Updates
06 February 2012
Whose privilege is it anyway: the receivers’ or the company’s?
Insolvency Updates
29 November 2011
Christmas wishes from the Lavan Legal Recovery, Insolvency and Reconstruction Team
Insolvency Updates
18 November 2011
Section 447A cures all, again: National Australia Bank Ltd
Insolvency Updates
01 November 2011
A non-conforming deed and an ineffective proxy were not up to par
Insolvency Updates
21 October 2011
Apportionment of retrenchment payments
Insolvency Updates
05 October 2011
The End of the Road – Ariff Guilty
Insolvency Updates
19 September 2011
A warning to liquidators claiming remuneration – lessons learned from ASIC v Groundhog Developments Pty Ltd & Ors [2011]
Insolvency Updates
08 August 2011
Counting every dollar makes sense when issuing a bankruptcy notice
Insolvency Updates
26 July 2011
Re Colorado Group Ltd [2011] VSC 260 – one day you’re in fashion, the next you’re in administration
Insolvency Updates
13 July 2011
Extending the time to convene a second meeting of creditors
Insolvency Updates
27 June 2011
When should leave be granted under section 459S to oppose a winding up order on grounds which could have been relied upon in an application to set aside a statutory demand? - Ewen Stewart & Associates Pty Ltd v Blue Mountains Virtual Air Helitours Pty Ltd (2011) 29 ACLC
Insolvency Updates
17 June 2011
Dealing with surplus proceeds
Insolvency Updates
13 June 2011
The dangers of lurking in the shadows: shadow director's liability for insolvent trading debts – Part II
Insolvency Updates
02 June 2011
Lanepoint winding up application to proceed
Insolvency Updates
30 May 2011
Confidentiality upheld for the benefit of liquidators
Insolvency Updates
16 May 2011
Liquidators’ distributions of shares in specie: ‘All’s well that ends well’
Insolvency Updates
04 May 2011
Leave under section 237: derivative actions in receiverships - the new black?
Insolvency Updates
20 April 2011
Receivers win first stoush in Raine Square Saga
Insolvency Updates
22 March 2011
Courts still reluctant to advise on commercial merits
Insolvency Updates
16 March 2011
Litigation funders required to hold an Australian Financial Services Licence (AFSL)
Insolvency Updates
09 March 2011
Curing defective appointments: section 447A
Insolvency Updates
21 February 2011
When are employee entitlements not 'due and payable'?
Insolvency Updates
23 November 2010
A step in the right direction: Notice to shareholders of The Duke Group's (in liq) surplus
Insolvency Updates
08 November 2010
Early deregistration of company for tax benefits – Emergen-X Pty Ltd (in liquidation)
Insolvency Updates
25 October 2010
Rewards unevenly distributed
Insolvency Updates
11 October 2010
Octaviar: back to normality
Insolvency Updates
28 September 2010
New framework for insolvency practitioners: the Senate's recommendations
Insolvency Updates
06 September 2010
Breach of confidentiality undertaking gives rise to the appointment of receivers and managers
Insolvency Updates
17 August 2010
Court endorses liquidator's summons to receiver - Lamb (in his capacity as Liquidator of Redcastle Estate Pty Ltd) v Mentha [2010] FCA 695
Insolvency Updates
19 July 2010
Disputed debts in winding-up applications
Insolvency Updates
05 July 2010
The Court's power to set aside a DOCA that has been fully effectuated then terminated
Insolvency Updates
21 June 2010
Pooling arrangements for companies under administration
Insolvency Updates
08 June 2010
Shareholders locked out of external administrations: Sons of Gwalia overcome by key amendments
Insolvency Updates
25 May 2010
When 'Administrator' includes 'Liquidator' – ITC Ltd v Timbercorp Ltd (In Liq)
Insolvency Updates
10 May 2010
St George Bank v Perpetual Nominees
Insolvency Updates
03 May 2010
Beware inadequate investigations!
Insolvency Updates
12 April 2010
The dangers of lurking in the shadows: shadow director's liability for insolvent trading debts
Insolvency Updates
29 March 2010
File it now, figure it out later...
Insolvency Updates
16 March 2010
'I don't want to be a director: I just want to control the company'
Insolvency Updates
03 March 2010
Snelgrove v Great Southern Managers Australia Limited (In liq) (Receiver and Manager Appointed) [2010] WASC 51
Insolvency Updates
15 February 2010
Corporate Insolvency Reforms
Insolvency Updates
02 February 2010
Insolvent Trading: A safe harbour for reorganisation outside of external administration
Insolvency Updates
15 December 2009
Returning 'cap' in hand: Section 449E(2) review by the Court of an administrator's remuneration
Insolvency Updates
27 November 2009
New personal property security legislation
Insolvency Updates
17 November 2009
ASIC responds to Brookfield Multiplex Decision
Insolvency Updates
03 November 2009
The future of class action litigation funding in doubt
Insolvency Updates
19 October 2009
Better late than never! Re Brookfield Multiplex Capital Management Ltd
Insolvency Updates
05 October 2009
Re Octaviar Ltd (No 7) [2009] QCA 282 - Octaviar overturned on appeal
Insolvency Updates
22 September 2009
'Subject to deed of company arrangement'- Deal with it.
Insolvency Updates
07 September 2009
Administrators, receivers, managers and liquidators: New obligations imposed on 'hoteliers' in relation to the care of patrons
Insolvency Updates
01 September 2009
Take a number and get in line!
Insolvency Updates
17 August 2009
Appointment of administrator fails to put brakes on winding up application
Insolvency Updates
03 August 2009
Mortgagees: Recent extension of the duty to act in good faith in selling mortgaged property.
Insolvency Updates
20 July 2009
Timbercorp Securities Limited v Plantation Land Limited
Insolvency Updates
08 July 2009
Attempt at Vote Stacking Comes Undone
Insolvency Updates
25 June 2009
To vote or not to vote - a chairperson's obligation to consider the Code
Insolvency Updates
08 June 2009
Creditors' Trust Deeds - Legislation Required?
Insolvency Updates
26 May 2009
Administrator's Equitable Lien vs Secured Creditor's Prior Fixed Charge - Which trumps which?
Insolvency Updates
12 May 2009
Can litigation funding arrangements constitute managed investment schemes?
Insolvency Updates
29 April 2009
Extending the time period for the recovery of preferential payments
Insolvency Updates
14 April 2009
Re Octaviar Ltd; Re Octaviar Administration P/L [2009] QSC 37
Insolvency Updates
31 March 2009
Is terminating the Administrator possible?
Insolvency Updates
18 March 2009
ACCC's recent decision relaxes Competition Law in relation to acquiring assets of 'failing companies'
Insolvency Updates
04 March 2009
Priority given to employees tempered against interests of general creditors and survival of the company
Insolvency Updates
17 February 2009
Appointment of voluntary administrator adjourns winding up application?
Insolvency Updates
02 February 2009
Improper purpose? I don't think so!
Insolvency Updates
02 February 2009
Court intervenes to validate appointment of administrator failing a quorum of directors