With
Jade Rowarth,
Jason Salman
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
With
Jade Rowarth,
Jason Salman
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
With
Jade Rowarth,
Jason Salman
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
With
Jade Rowarth,
Jason Salman
The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.
With
Jade Rowarth,
Jason Salman
This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.
With
Jade Rowarth,
Jason Salman
The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.
With
Jade Rowarth,
Jason Salman
This case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.
With
Jason Salman,
Kirsty Sutherland
This was an objection to a liquidator retaining solicitors who had previously acted for a creditor against the company.
With
Jason Salman,
Kirsty Sutherland
A review of your PPSA registrations may uncover defects and errors that could compromise your statutory priorities.
With
Jason Salman,
Kirsty Sutherland
Financial difficulties alone will not establish that a loan contract or a settlement deed was entered into under duress.
With
Jason Salman,
Kirsty Sutherland
Administrators should be mindful of making an application for an order to avoid automatic vesting of a security interest.
With
Jason Salman,
Kirsty Sutherland
Liquidation need not be the end of the line, as a Court may terminate a liquidation if it is apparent debts can be paid.
With
Jason Salman,
Kirsty Sutherland
We discuss the decision in Fordyce v Ryan & Anor; Fordyce v Quinn & Anor.
With
Jason Salman,
Kirsty Sutherland,
Mark Wilks
This week's TGIF considers Commonwealth Bank of Australia v Kojic [2016] FCAFC 186.
With
Jason Salman,
Kirsty Sutherland
The overriding consideration is whether the appointment of the special purpose liquidator will benefit all the creditors.