TGIF

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

Cross border insolvency - Know the limitations

26 July 2013

This week’s TGIF considers an application for recognition as a foreign main proceeding under the Cross-Border Insolvency Act and confirms that the Court will be reluctant to grant additional relief to a foreign representative.

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When a ‘typo’ can set aside a statutory demand

19 July 2013

TGIF considers a Federal Court decision on the presumption in S1305 of the Corporations Act regarding accuracy of books and records and the impact on whether a genuine dispute exists when setting aside a statutory demand.

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Lessor falls victim to the PPSA: Supreme Court confirms that ownership is no answer to a failure to register a security interest in leased goods

12 July 2013

This week’s TGIF considers a recent decision under the PPSA which confirms that ownership is of no significance to the question of priority between competing security interests.

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A word of caution on extending the period in which to bring preference actions

5 July 2013

This week’s TGIF considers a recent case arising out of the Octaviar liquidation confirming that liquidators must take care when seeking to extend the time period in which to bring preference actions.

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Tips and tricks for navigating retention of title issues in the PPSA world

21 June 2013

This week’s TGIF considers the effect of the Personal Property Securities Act 2009 (Cth) on retention of title clauses, 18 months after the introduction of the legislation last year.

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When will the Court terminate a DOCA?

14 June 2013

This week’s TGIF considers a Supreme Court of New South Wales decision on the factors relevant to the Court’s discretion in determining whether to terminate a deed of company arrangement.

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Getting in early: Provisional liquidators

7 June 2013

This week’s TGIF considers the principles governing the appointment of provisional liquidators.

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The High Court of Australia confirms that corporate governance is a matter of substance not form

31 May 2013

This week we look at Weinstock v Beck [2013] HCA 14, a recent decision confirming Courts retain a supervisory function in relation to corporate governance and possess discretionary power in relation to contraventions of a company’s constitution.

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One step at a time: Receivers’ confirmation as eligible applicants not subject to duty to afford natural justice to potential examinees

24 May 2013

This week’s TGIF considers a recent Full Federal Court decision confirming that ASIC may authorise a receiver as an “eligible applicant” without first providing potential examinees with an opportunity to be heard.

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It isn’t over until it’s over: Termination of the winding up of a company subject to a deed of company arrangement

17 May 2013

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.

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