TGIF is a weekly publication focusing on current issues in insolvency law and banking and finance litigation.
This week’s TGIF considers the recent High Court decision in the Willmott liquidation which confirms that liquidators of landlord companies have the power to disclaim leases and extinguish any proprietary rights the tenant may have.Read More
This week’s TGIF considers the approval decision for the settlement of the long running Bell Group litigation.Read More
This week’s TGIF considers the fiduciary duties of a liquidator and circumstances where they should refrain from exercising a casting vote at creditors’ meetings.Read More
Lowering the bar to set aside statutory demands - Is merely alleging a “genuine dispute” now enough?
This week’s TGIF looks at a recent decision of the NSW Court of Appeal, in which the Court considered the evidence required to set aside a statutory demand on the basis of an offsetting claim.Read More
This week’s TGIF considers the powers of examination available to foreign liquidators recognised as foreign representatives under the Cross Border Insolvency Act 2008 (Cth).Read More
Too little, too late: When can the court extend the time for compliance with a creditor’s statutory demand
This week’s TGIF considers a recent decision on an application to extend the time for compliance with a statutory demand where a previous application to set aside the statutory demand had been dismissed and the time for compliance had expired.Read More
This week’s TGIF considers a recent New South Wales Supreme Court decision regarding subrogation of rights under section 560 of the Corporations Act and in equity.Read More
This week’s TGIF considers the Federal Court decision that approved the scheme of arrangement proposal that was adopted at a meeting of creditors of Lehman Brothers held yesterday.Read More
This week’s TGIF considers an application to set aside a personal insolvency agreement in circumstances where the debtor had been less than transparent about the state of her affairs.Read More
Priority payment to creditors of insurance proceeds obtained during a liquidation is subject to a liquidator’s remuneration for obtaining those proceeds
This week’s TGIF considers a recent Federal Court decision confirming that a liquidator is entitled to his or her remuneration before making a priority distribution to third parties from the proceeds of insurance.Read More