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

DOCA extinguishes secured creditor's debt - Whether they like it or not

7 August 2015

The NSW Supreme Court has recently found that a DOCA will extinguish a secured creditor’s debt, although the secured creditor will remain able to ‘realise’ or ‘otherwise deal’ with the secured property.

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Lender responsible for unconscionable conduct of intermediaries

31 July 2015

Supreme Court of Western Australia finds loans granted by a lender through intermediaries to be unenforceable due to unconscionable conduct.

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Tax-avoiding employees barred from proving their debts in employer’s liquidation

24 July 2015

The Federal Court has found that employees who were remunerated under arrangements designed to avoid income tax may not prove for their entitlements in the liquidation of their former employer.

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Priority creditors - To pay or not to pay?

17 July 2015

This week’s TGIF considers whether trading profits made by receivers post-appointment must be paid to priority creditors.

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Court sets aside bankruptcy composition passed and accepted by creditors

10 July 2015

ANZ v Shilton & Liddell [2015] FCCA 1783 confirms the court’s overriding discretion to set aside a composition passed at a meeting of creditors pursuant to sections 222 and 76B of the Bankruptcy Act 1966.

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Court approves additional remuneration for liquidator

3 July 2015

NSW Supreme Court provides directions under section 511 of the Corporations Act for increasing a liquidator’s agreed remuneration.

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O brother, where art thou?

26 June 2015

This week we look at the liability of a guarantor in the event that a co-guarantor’s signature on the guarantee is found to be a forgery.

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Court finds unregistered security interest enforceable

19 June 2015

This week’s TGIF considers a Victorian Court of Appeal decision regarding application of the PPSA transitional provisions to retention of title clauses, where goods were supplied after the commencement of the PPSA.

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“Double trouble” - Court rejects lender's attempts to charge ‘double interest’ under finance and security documents

12 June 2015

The Supreme Court of New South Wales has rejected a lender’s claim to ‘double interest’ under a secured note issuance.

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No ‘duty to speak’ on secured creditors

5 June 2015

The Court has found that a secured creditor will not be acting unconscionably, or in a misleading or deceptive manner, by simply reserving its rights in respect of transactions that may impact upon their securities without saying anything more.

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