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Searching Content indexed under Corporate/Commercial Law by Cameron Cheetham ordered by Published Date Descending.
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1
When worlds collide: navigating M&A and restructuring in volatile global markets
In the current global and domestic markets, few things are clear other than that volatility and change are ever-present.
Australia
3 Oct 2019
2
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
3
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
4
TGIF 21 June 2019: Full Federal Court finds D&O insolvency exclusion does not apply, notwithstanding administration of company
An insolvency exclusion in a D&O policy did not exclude claims against directors of a company under administration.
Australia
27 Jun 2019
5
TGIF:Champions Quarrel: Provisional liquidators appointed to protect company assets from majority shareholder
Provisional liquidators were appointed after allegations of oppressive manner towards minority shareholder and company.
Australia
31 May 2019
6
So far, so good? Considering the success of safe harbour reforms in Australia
Safe harbour protection for company directors was one of a number of restructuring reforms to relax the insolvency laws.
Australia
21 May 2019
7
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
8
Released or not? Informed release required for breaches of trust
A release for breach of trust was ineffective because the beneficiary was not fully informed about the facts of the breach.
Australia
13 Dec 2018
9
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
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
Set-off rights restored – WACA overturns Forge
When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.
Australia
29 Sep 2018
14
Examinee (still) on the run — Clarifying how liquidators can apply for arrest warrants to require directors to appear
This article considers the process that a liquidator may follow when a director fails to attend at an examination.
Australia
17 Sep 2018
15
Final Bell has not tolled for deregistered companies – Bell Group companies brought back to life to litigate another day
The Court ordered that 16 Bell Group companies - which had been deregistered for some 25 years - should be reinstated.
Australia
30 Jul 2018
16
Hurry up and wait – Liquidator in holding pattern while Re Amerind decided
The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
Australia
16 Jul 2018
17
Like Night and Day: Winding-up order set aside on application by sole director
A sole director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.
Australia
25 Jun 2018
18
The substance and the gist - Can a director waive privilege on behalf of a company in liquidation?
When a liquidator is appointed, a director will lose power to manage the company and is not able to waive privilege.
Australia
6 Jun 2018
19
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
20
Left in the dark – Seeking to appoint a voluntary administrator when board relations crumble
This case was an application seeking a declaration as to the validity of the appointment of a voluntary administrator.
Australia
11 Apr 2018
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