TGIF

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

Secured creditor’s enforcement action restrained while a decision of FOS appealed

27 November 2014

The decision of Goldie Marketing Pty Ltd and others v Financial Ombudsman Services Limited and anor [2014] shows the Court’s willingness to restrain enforcement action by a secured creditor where a debtor appeals against a decision of FOS.

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Avoid a slip up - The applicability of the slip rule to the time limits imposed on a winding up application

21 November 2014

This week’s TGIF considers the availability of the slip rule to extend the time limit within which a winding up application must be determined.

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Creditor’s pumped up priority brings down DOCA

14 November 2014

The decision of In the matter of Connections Total Fitness for the Family Pty Limited (admin apptd) is a cautionary tale against preferring certain creditors in a DOCA unless there is a clear benefit to the body of creditors as a whole.

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Wherever you lay your hat is not your home - At least, not necessarily, according to the courts

7 November 2014

This week’s TGIF considers the practical issues around effecting service of a bankruptcy notice at a “last known address”, together with the court’s obligations when dealing with unrepresented litigants.

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Insolvency practitioners reminded of their obligations to exercise care and closely monitor any third party fees incurred

31 October 2014

NSW Supreme Court examines the obligations of insolvency practitioners and whether expenses had been reasonably incurred and invoices properly reviewed.

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Investigation ordered into controller’s performance of its functions and powers under s423 of the Corporations Act

24 October 2014

The decision of Re Quality Blended Liquor Pty Ltd provides a timely reminder of the Court’s willingness, to exercises its discretion to supervise and investigate the actions of a controller under s423 of the Corporations Act.

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Clarification of liquidator’s power to sell assets held on trust by company disqualified from acting as trustee

17 October 2014

This decision clarifies the scope of a liquidator’s power to sell the property of a corporate trustee under s 477(2)(c) of the Corporations Act 2001 (Cth), and whether it is limited by the terms of the trust deed.

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Recent guidance from the Federal Court on proving uncommercial and insolvent transactions

10 October 2014

Federal Court provides insight on the principles for proving uncommercial and insolvent transactions and demonstrates the importance of precise and specific evidence.

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Does the PPSA apply? Receivers seek directions on goods held on bailment and consignment

3 October 2014

Does PPSA apply? The Court provides useful clarity on the PPSA concepts of “PPS Leases”, “bailment” and “commercial consignment” arrangements in the context of providing directions to Receivers.

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Court allows compulsory transfer of shares in Mirabela

26 September 2014

NSW Supreme Court grants leave to deed administrators to transfer the shares of a listed company (Mirabela Nickel Ltd) without the consent of its shareholders for the first time.

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