TGIF

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

As certain as death and taxes? - Court orders winding up due to disputed tax debt

28th September 2012

This week’s TGIF considers a recent Federal Court decision in relation to a winding up application being challenged on the basis of a disputed tax debt.

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Court of Appeal clarifies default notice requirements under the Consumer Credit Code

21st September 2012

This week’s TGIF considers default notice requirements under the Consumer Credit Code in light of a recent Victorian Court of Appeal decision.

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Andrews v ANZ - Do all contracts need to be rethought?

14th September 2012

This week’s TGIF considers the recent High Court decision, which significantly widens the scope of what is considered a ‘penalty’ in contract.

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Victorian Court of Appeal declares the details of disclaimer

7th September 2012

This week’s TGIF considers liquidators’ powers to disclaim lease contracts and extinguish the rights of existing lessees.

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Nowhere to run - Court refuses to prevent receivers applying for public examinations

31st August 2012

This week’s edition of TGIF considers the case of Saraceni v ASIC, which confirms that the Court will only set aside ASIC authorisation for a receiver to conduct a public examination in exceptional circumstances.

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Court of Appeal delivers judgment on Australia’s longest running case involving the collapse of The Bell Group Ltd

24th August 2012

This week’s edition of TGIF considers the recent decision of the Supreme Court of Western Australia Court of Appeal in Westpac Banking Corporation v The Bell Group Ltd (in liq) [No 3] [2012] WASCA 157.

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Wine not to worry if you don’t register your agreements

17th August 2012

This week, TGIF considers a recent High Court of New Zealand decision on the priority of competing security interests.

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Keeping funding in the family: Where funding is provided by one creditor to pursue another

10th August 2012

This week’s edition of TGIF considers the factors liquidators will need to take into account when seeking Court approval to enter into litigation funding agreements.

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Court assists the Administrators of Hastie overcome PPSA problems to sell unclaimed secured assets

3rd August 2012

This week’s edition of TGIF demonstrates the importance of secured creditors ensuring that their securities are properly detailed in the Personal Property Securities Register and that they are active in protecting their security interests.

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If you snooze, you may lose - Court examines the limitations of a contractual right to request security

27th July 2012

This week’s edition of TGIF considers whether a contractual right to request security may gave rise to an equitable mortgage or charge.

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