TGIF

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

Stitched up by a subpoena side-step – methods for obtaining transcripts of ASIC examinations

10 August 2018

This week’s TGIF considers the case of TW McConnell Pty Ltd v SurfStitch Group Ltd (administrators appointed) (No 2) [2018] NSWSC 1149 and the different methods by which transcripts of examinations carried out by ASIC may be obtained, as well as like

Read More

Final Bell hasn’t tolled for deregistered companies – Bell Group companies brought back to life to litigate another day

27 July 2018

This weeks’ TGIF considers the case of The Bell Group Limited v Australian Securities and Investments Commission [2018] FCA 884, in which the Court ordered that 16 companies - which had been deregistered for some 25 years - be reinstated.

Read More

Feel the Pressure – liquidators’ appeal dismissed as third party payments unrecoverable as unfair preferences

20 July 2018

This week’s TGIF examines a recent decision of the New South Wales Court of Appeal which considered whether payments made by a third party to an insolvent company’s creditors could be recovered by the liquidator as unfair preferences.

Read More

Hurry Up and Wait – Liquidator in holding pattern while Re Amerind decided

13 July 2018

This week’s TGIF considers In the matter of MJM(WA) Enterprises Pty Ltd (in liq), where the Court approved a liquidator’s remuneration but deferred decisions about trust distributions until after the Re Amerind litigation finishes

Read More

Beyond the written record: creditors granted access to documents produced in public examination

6 July 2018

This week’s TGIF considers In the matter of Arrium Limited [2018] NSWSC 747 in which the Court granted creditors access to documents produced in public examinations.

Read More

High Court confirms validity of Holding DOCAs

29 June 2018

This week’s TGIF considers the case of Mighty River International Ltd v Hughes, where the High Court upheld the validity of Holding DOCAs.

Read More

Like Night and Day: Wind up set aside on sole director’s application

22 June 2018

This week’s TGIF considers In the matter of Day & Night Online Transport Pty Ltd (liq), in which a director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.

Read More

Don’t Sweat the Small Stuff – Let the Courts Help

15 June 2018

This week’s TGIF considers some ways insolvency practitioners can make their lives easier by proactively using the courts to resolve uncertainty – such as liquidators seeking appointment as receivers of trust property.

Read More

Records, records everywhere, and a reason to stop and think — the admissibility of company books stored in data files

8 June 2018

This week’s TGIF considers a recent decision in the Raine Square development litigation, where the WA Supreme Court considered whether data files from software packages such as ‘Quickbooks’ are admissible as evidence of financial records.

Read More

The Substance and the Gist - can a director waive privilege on behalf of a company in liquidation?

1 June 2018

This week’s TGIF considers QBH Commercial Enterprises Pty Ltd (In liq) v Dalle Projects Pty Ltd & Ors, in which the Court considered whether privilege can be waived by a director of a company in liquidation.

Read More