TGIF

TGIF is a weekly publication focusing on current issues in insolvency law and banking and finance litigation.

A vexed case - Court reigns in vexatious litigant to protect Bank

24 June 2016

This week’s TGIF considers the Federal Court decision of National Australia Bank Ltd v Garrett [2016] FCA 714 in which the Court stepped in to invalidate and restrain an improper registration on the PPSR

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Guarantors must ‘pay now, sue later’

17 June 2016

This week’s TGIF considers Palaniappan v Westpac Banking Corporation [2016] WASCA 72 in which the Court clarified the scope of ‘suspension clauses’ in guarantee agreements.

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‘What a Legend’ – Court rejects recognition of foreign proceeding and orders wind up in the face of Chapter 11 bankruptcy

10 June 2016

This week’s TGIF considers In the matter of Legend International Holdings Inc [2016] VSC 308 in which the Court declined to recognise a US Chapter 11 bankruptcy proceeding and made orders that the company be wound up.

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Consequences of bringing a deed of company arrangement to a premature end

3 June 2016

This week’s TGIF considers the decision of Deputy Commissioner of Taxation v BE100 Property Investments Pty Ltd [2016] FCA 597 where the court found that a deed administrator acted unreasonably by attempting to terminate a deed of company arrangement

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Federal Court finds that a retention of title clause is to be considered a “security”, defeating the liquidators’ unfair preference claim

27 May 2016

This week’s TGIF considers the decision in Hussain v CSR Building Products Limited, in the matter of FPJ Group Pty Ltd (In Liq), in which an ROT clause was held to be a “security”, defeating the liquidators’ unfair preference claim.

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A sign for unfunded liquidators: what you need to know about assigning a cause of action

20 May 2016

This week’s TGIF examines the NSW Supreme Court decision In the Matter of Kevin Jacobsen Pty Limited (in liq) [2016] NSWSC 538 which considered a challenge to an application under s 477(2B) to assign a cause of action.

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Administrators use general power under s 447A to stay a commercial arbitration

13 May 2016

This week’s TGIF considers the decision of In the matter of THO Services Limited [2016] NSWSC 509 in which the Court exercised its general power to extend the voluntary administration moratorium period to a commercial arbitration.

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Commissioner of Taxation circumvents the abolition of taxation priority in liquidations

6 May 2016

A recent NSW Court of Appeal decision has considered the validity of the Commissioner of Taxation’s treatment of debits and credits in an insolvency context.

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The Supreme Court of NSW weighs in on market-based causation

29 April 2016

The proponents of indirect or “market-based” causation in securities actions are vindicated by a decision of the Supreme Court of NSW in Re HIH Insurance Limited (In liquidation) [2016] NSWSC 482

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Special purpose receivers – Court’s broad power to override trust deed

22 April 2016

This week’s TGIF considers In the matter of Banksia Securities Limited (in liquidation) (receivers and managers appointed) [2016] NSWSC 357 in which the Court uses its broad remedial powers to appoint special purpose receivers.


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