21-30 of 37 results

Defending unfair preference claims: set-off and security revisited
Insight 26 May 2016

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 ...

Bankruptcy and insolvency law reforms and the innovation agenda
Insight 03 May 2016

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 ...

'Chain of Responsibility' amendments impose new environmental obligations in Queensland
Insight 28 Apr 2016

The Queensland Parliament has passed the Chain of Responsibility Bill with important amendments prior to enactment The amending Act establishes a new regime under the States primary environmental legislation that exposes related bodies corporate executive officers financiers shareholders and a ...

New environmental responsibilities for corporates, officers, financiers and others in Queensland
Insight 16 Mar 2016

The Queensland Government proposes new powers to compel related bodies corporate executive officers financiers and shareholders and a select category of related persons to satisfy the environmental obligations of companies operating in Queensland The Chain of Responsibility concept has been proposed ...

You've got to be perfected - Equipment leasing and the PPSA
Insight 07 Mar 2016

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 ...

High Court decision on retention obligations provides some clarity to liquidators
Insight 14 Dec 2015

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 ...

Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
Insight 29 Apr 2015

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 ...

Court confirms priority to receivership profits
Insight 27 Apr 2015

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
Insight 13 Mar 2015

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
Insight 13 Mar 2015

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 ...