Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The decision provides some comfort for those administrators who have used, and intend to continue using, 'Holding DOCAs'.
Corrs Chambers Westgarth
The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.
DibbsBarker
The article provides guidance for directors facing financial difficulties, highlighting the importance of acting early.
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Madgwicks
Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
Corrs Chambers Westgarth
This case considers if payments made by a third party to a company's creditors could be recovered as unfair preferences.
Madgwicks
This article discusses how section 551 applies under the changes to the Corporations Act 2001 after 1 September 2017.
BRI Ferrier
The Rambaldi case considered Quistclose trusts, third party payments and preference recoveries in a bankruptcy context.
Norton Rose Fulbright Australia
This recent decision confirms that there is no automatic right to terminate contracts available to administrators.
McCullough Robertson
The interviewee reflects on restructuring and insolvency and what he believes are critical factors in achieving success.
Cooper Grace Ward
A liquidator must not enter into any sort of agreement that could last longer than three months, without prior approval.
Cooper Grace Ward
An unpaid seller should immediately issue a notice of stoppage in transit, complying with relevant state legislation.
Corrs Chambers Westgarth
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
Madgwicks
Liquidators are not exempt from the public's eye and this case has emphasised the broad nature of public examinations.
Colin Biggers & Paisley
This judge's reasoning regarding the liability of a liquidator might also apply to administrators and to receivers.
Pointon Partners
Creditors will soon have extra powers at their disposal in terms of their participation in external administrations.
Corrs Chambers Westgarth
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
Clayton Utz
This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
Madgwicks
At times, additional transactions may be added to an existing unfair preference claim after the expiry of the time limit.
Most Popular Recent Articles
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
DibbsBarker
The article provides guidance for directors facing financial difficulties, highlighting the importance of acting early.
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
Corrs Chambers Westgarth
The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.
Bryks Lawyers
The registration of the security interest in the leased goods was defective, so it would revert to the administrators.
Madgwicks
Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
Corrs Chambers Westgarth
This case considers if payments made by a third party to a company's creditors could be recovered as unfair preferences.
Carroll & O'Dea
This recent decision shows just how costly an incorrect registration on the PPSR can be for a secured party.
Carroll & O'Dea
The Court found that the Bankruptcy Act 1966 is a "stay" for the purposes of s15(2) of the Foreign Judgments Act 1991.
Carroll & O'Dea
The application for winding up under local company law was stayed to allow for arbitration of the substantive dispute.
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