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Searching Content by Evan J. Sylwestrzak ordered by Published Date Descending.
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Australian Court Directs Receivers To Pay Priority Creditors Of Company In Liquidation
The receivers and the Commonwealth opposed the liquidators' position that the payments should be made by the liquidators.
Australia
3 Apr 2019
2
Business As Mutual: Floating Charges No Obstacle To Mutual Set-Off Agreements
Section 553C of the Corporations Act 2001 (WA) ("Act") provides that if a creditor and a company in liquidation have mutual dealings, the creditor must offset any sum the creditor owes to the company in liquidation...
United States
30 Nov 2018
3
(Mighty) River Runs Dry: Australian High Court Rules "Holding" DOCAs Are Valid
In Mighty River International Limited v Hughes [2018] HCA 38, the High Court of Australia recently affirmed the ability for an administrator to use a holding DOCA.
Australia
4 Oct 2018
4
Ask And You May Receive: Equitable Liens, Administrators And Court Directions In Australia
The administrators of an Australian auction house and gallery business applied to the Federal Court of Australia for directions to recover in excess of $1 million in fees and costs incurred with respect to performing...
Australia
8 Jun 2018
5
Eshelby's Principle: A Lawyer's Fine Point That Can Be Overcome
Other jurisdictions have taken steps to address the issues arising from the application of the principle.
Australia
30 Apr 2018
6
Judicial Guidance About "Perfection By Possession" Under Australia's Personal Property Securities Act
The Federal Court of Australia has provided judicial guidance about what constitutes taking possession by seizure under the Personal Property Securities Act 2009 (Cth) ("PPSA").
Australia
20 Sep 2017
7
Australian Court Of Appeal Approves Use Of "Holding" Deed Of Company Arrangement
In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA").
Australia
13 Sep 2017
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