41-50 of 59 results
Trends over the past year in the Australian projects and infrastructure sectors
A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities Allens Partners Nick Adkins Scott McCoy and Rob Watt look at ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
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 ...
High Court decision on retention obligations provides some clarity to liquidators
The High Court has ruled that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued The decision will provide much needed clarity for liquidators and other statutorily deemed trustees and agents Partners Charles Armitage and Christopher ...
Defending unfair preference claims: set-off and security revisited
A recent Federal Court decision has highlighted two grounds on which creditors should consider defending unfair preference claims which are brought by liquidators Partner Chris Prestwich and Lawyer Tim Chiang look at a case that deals with what constitutes an unsecured debt and the extent to which ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Take care! Court confirms the devil in the details for PPSA registrations
In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...
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 ...
Federal Court rules liquidator needn't account for tax on sale of assets
The Full Federal Court has held that a liquidator has no obligation to retain monies on account of tax until a notice of assessment has been issued While the decision is a win for taxpayers and creditors of insolvent entities it remains to be seen how the Commissioner of Taxation will respond ...
Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...