31-40 of 52 results
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Rising from the ashes - Treasury seeks input on combating illegal phoenix activity
Keeping up the momentum from the recent passing of its insolvent trading safe harbour and ipso facto legislation the Federal Treasury has released a consultation paper containing a package of reforms to deter and disrupt illegal phoenix activity Partner Alf Pappalardo and Lawyer Belinda Hennessy ...
Bankruptcy and insolvency law reforms and the innovation agenda
The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...
Court confirms priority to receivership profits
A Supreme Court of Queensland judgment handed down today has provided greater certainty for secured creditors of companies that earn profits following the appointment of a receiver The judgment dispels suggestions that the law was uncertain and means that secured creditors can continue to fund ...
Octaviar - the perils of procrastination
In two decisions arising from the Octaviar liquidation the High Court has given guidance on liquidators ability to seek extensions of time for bringing voidable transaction claims The decisions also highlight the risks of such applications Partner Christopher Prestwich and Lawyer Julia Baine report ...
Important new changes to PNG company law
Major changes to PNG company law have important ramifications for company directors company secretaries and anyone with an interest in the winding up of a company Partner Richard Kriedemann and Senior Associate Sarah Kuman report on the impact of the new laws ...
Insolvency Law Reform Bill - harmonisation not radical reform
The Federal Government has released its package of reforms to Australia's personal and corporate insolvency laws which Includes a draft Bill that proposes to streamline the regulatory framework applying to insolvency practitioners ...
Is hourly billing for liquidators back?
The NSW Court of Appeal has recently considered the basis on which liquidators reasonable remuneration should be determined Partner Chris Prestwich Senior Associate Przemek Kucharski and Lawyer Kane Kersaitis report on the decision in Sanderson as Liquidator of Sakr Nominees Pty Ltd in liquidation v ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
A step closer to industry funding of ASIC
Last week the Federal Government moved another step closer to implementing an industry funding model for the recovery of ASICs costs by introducing the ASIC Supervisory Cost Recovery Levy Bill 2017 as well as two related Bills into Parliament These Bills implement the recommendations of the ...