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Searching Content indexed under Litigation, Mediation & Arbitration by Cameron Cheetham ordered by Published Date Descending.
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TGIF: Double proofed, maybe – Queensland Supreme Court advises liquidators on proofs of debt
Complex situations, where matters are adversarial, warrant judicial advice, but not for deciding the specific dispute.
Australia
2 Oct 2019
2
TGIF: Trans-Tasman commingling – a lesson on ex parte applications for cross-border insolvency hearings
This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
Australia
21 Sep 2019
3
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
4
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
5
TGIF 10 May 2019: Federal Court permits liquidators to give notices to creditors electronically and to be relieved of the requirement to send a creditors list
This case demonstrates the Court's inclination to assist liquidators and to reduce costs for the benefit of creditors.
Australia
24 May 2019
6
Excessive remuneration and inadequate remuneration reports: Validation of liquidators remuneration refused, with fees reduced by Court
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Australia
13 Mar 2019
7
A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Australia
14 Feb 2019
8
You cannot rely on anyone but yourself – insolvent companies, litigation funding and security for costs
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Australia
6 Dec 2018
9
Receivers in a nickel: Court directions under s424 of the Corporations Act 2001
Court directions can provide assistance to receivers in the context of hotly contested disputes and transactions.
Australia
1 Dec 2018
10
Assign o the times: Assigning statutory causes of action
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
Australia
16 Nov 2018
11
Do not scratch the service: Court clarifies rules for service for claims commenced under the Corporations Act
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
Australia
15 Oct 2018
12
Piercing the corporate veil in winding up applications: Court orders non-party director to pay indemnity costs
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Australia
6 Oct 2018
13
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
14
Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Australia
11 Aug 2018
15
Dont sweat the small stuff - Let the courts help resolve uncertainty for insolvency practitioners
With the right approach at an early stage, the effort of proactively seeking court assistance can pay great dividends.
Australia
21 Jun 2018
16
Records, records everywhere, and a reason to stop and think. The admissibility of company books stored in data files.
Court recently considered whether data files from software packages are admissible as evidence of financial records.
Australia
13 Jun 2018
17
Court considers independence issues relating to appointment and funding of special purpose liquidator.
Recent case - application to appoint special purpose liquidators & to obtain Court approval of funding & legal arrangements.
Australia
22 May 2018
18
Cant get no double satisfaction: guarantor seeks to rely on rule against double satisfaction to reduce liability to creditor
Guarantor unsuccessfully sought to rely on the rule against double satisfaction to reduce his liability to a creditor.
Australia
17 Apr 2018
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