TGIF

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

Keeping it within the “mothership”

8 December 2017

This week’s TGIF considers the decision of In the matter of Bias Boating Pty Ltd [2017] NSWSC 1524 which deals with leave to join already named defendants to a “mothership” proceeding after expiration of the limitation period

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A disposition of trust property post-winding up – void or not?

1 December 2017

This week’s TGIF considers the decision of Simpson & Anor v Tropical Hire Pty Ltd (in liq) [2017] QCA 274 in which the Queensland Court of Appeal considered whether a disposition of property by a company after the commencement of its winding up was v

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The Fair Minded Observer

24 November 2017

This week’s TGIF considers Ziziphus Pty Ltd v Pluton Resources Ltd (Receivers and Managers Appointed) (in liq) [2017] WASCA 193, where the Court considered the impartiality and independence of liquidators.

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“That’s a wrap”:CBS DOCA completes as Court approves Network Ten share transfer

17 November 2017

This week’s TGIF considers In the matter of Ten Network Holdings Limited (subject to a deed of company arrangement) (recs and mgrs apptd) [2017] NSWSC 1529, which held that transferring shares under a DOCA wasn’t unfairly prejudicial to shareholders,

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NZ Court looks to Australian Court for bankruptcy assistance

10 November 2017

This week’s TGIF considers the case of Official Assignee in Bankruptcy of the Property of Cooksley, in the matter of Cooksley v Cooksley, in which the Federal Court granted assistance to the High Court of NZ in administering a bankruptcy

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Examinee on the run – what to do when a director fails to appear

3 November 2017

This week’s TGIF article considers the decision of Mensink v Parbery [2017] FCA 1248 and the options available to liquidators when a director fails to appear for examination, and when liquidators are faced with an appeal by a director who is unlikely

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Trust in the Court: Liquidator justified in seeking directions

27 October 2017

This week’s TGIF examines the determination of an application by a liquidator for directions as to the conduct of further investigations and for those costs and expenses to be paid from the assets of a trust.

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Distribution of trust assets in a personal insolvency: same, but different?

20 October 2017

This week’s TGIF considers the case of Lane (Trustee), in the matter of Lee (Bankrupt) v Commissioner of Taxation [2017] FCA 953, where the Federal Court considered whether the claims of ‘non trust’ creditors in a bankruptcy are to be treated differe

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Further guidance from the Court as to the appropriateness of asset-based lending

13 October 2017

This week’s TGIF considers Bank of Queensland Limited v Banjanin & Ors [2017] QSC 209, where the Court considered a challenge to asset-based loans.

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It (might be) alive! – ASIC v Diploma (No 5)

6 October 2017

This TGIF examines the determination of an application by liquidators of the Diploma Group of companies to be appointed as administrators of Diploma company and put a DOCA proposal to creditors.

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