TGIF
TGIF is a weekly publication focusing on current issues in insolvency law and banking and finance litigation.
When will the Court terminate a DOCA?
This week’s TGIF considers a Supreme Court of New South Wales decision on the factors relevant to the Court’s discretion in determining whether to terminate a deed of company arrangement.
Read MoreGetting in early: Provisional liquidators
This week’s TGIF considers the principles governing the appointment of provisional liquidators.
Read MoreThe High Court of Australia confirms that corporate governance is a matter of substance not form
This week we look at Weinstock v Beck [2013] HCA 14, a recent decision confirming Courts retain a supervisory function in relation to corporate governance and possess discretionary power in relation to contraventions of a company’s constitution.
Read MoreOne step at a time: Receivers’ confirmation as eligible applicants not subject to duty to afford natural justice to potential examinees
This week’s TGIF considers a recent Full Federal Court decision confirming that ASIC may authorise a receiver as an “eligible applicant” without first providing potential examinees with an opportunity to be heard.
Read MoreIt isn’t over until it’s over: Termination of the winding up of a company subject to a deed of company arrangement
This week’s TGIF considers an application to terminate the winding up of a company subject to a deed of company arrangement, and the relevant factors in the court’s decision.
Read MoreExtending the time to bring voidable transaction proceedings: The difference between a further extension and a variation to an extension
This week’s TGIF considers the recent Supreme Court of New South Wales decision of In the matters of Octaviar Limited (receivers and managers appointed) (in liquidation) and Octaviar Administration Pty Limited (in liquidation) [2013] NSWSC.
Read MoreWhen is the conduct of receivers and managers liable to attract disciplinary sanctions?
This week’s TGIF considers a recent Federal Court decision on the circumstances in which the Court will order an inquiry into the conduct of a receiver.
Read MoreWhen will liquidators be personally liable to pay costs?
This week's TGIF discusses a recent Supreme Court of New South Wales decision which confirms that a liquidator may be personally liable to pay costs where the liquidator initiates proceedings to claim funds for the company in liquidation.
Read MoreCourt of Appeal confirms creditors’ rights to enforce security interests in circumstances of liquidation
This week’s TGIF considers the recent decision of MSI (Holdings) Pty Ltd v Mainstreet International Group Ltd [2013] QCA 27 which confirms the meaning and application of sections 471B and 471C of the Corporations Act.
Read MoreA warning on debtor’s petitions
This week’s TGIF considers a Federal Magistrates Court decision confirming why it difficult for a bankrupt to annul a bankruptcy, especially where the bankrupt has presented their own petition in an attempt to frustrate creditors.
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