TGIF
TGIF is a weekly publication focusing on current issues in insolvency law and banking and finance litigation.
It 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.
Read MoreLiquidators’ disclosure obligations when applying for approval of a litigation funding agreement
This week’s TGIF considers the extent of a liquidators duty to disclose material facts to the court, in particular whether the failure to disclose all actions funded by a litigation funder meant that the order granting approval should be set aside.
Read MoreRemoving insolvency practitioners - Should there be an easier way?
This week’s TGIF considers a recent application by creditors to remove administrators due to a perceived lack of independence, and the implications of proposed reforms regarding the removal of administrators and liquidators in similar situations.
Read MoreWhen will segregated bank accounts be considered trust moneys?
This week’s TGIF considers who has the onus of proving monies that are held on trust – the liquidator of the trustee or the beneficiaries?
Read MoreYes, you can issue a statutory demand for a portion of a debt!
This week’s TGIF considers a recent Court of Appeal decision from Western Australia confirming that a statutory demand can be made for a portion of a debt. Corrs acted on behalf of the successful appellant.
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