David Abernethy from Corrs Chambers Westgarth

The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.

The Court considered the potential prejudice to creditors in extending the time for registration of security interests.

If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.

The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.

This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.

The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.

This case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.

This was an objection to a liquidator retaining solicitors who had previously acted for a creditor against the company.

A review of your PPSA registrations may uncover defects and errors that could compromise your statutory priorities.

Financial difficulties alone will not establish that a loan contract or a settlement deed was entered into under duress.

Administrators should be mindful of making an application for an order to avoid automatic vesting of a security interest.

Liquidation need not be the end of the line, as a Court may terminate a liquidation if it is apparent debts can be paid.

We discuss the decision in Fordyce v Ryan & Anor; Fordyce v Quinn & Anor.

This week's TGIF considers Commonwealth Bank of Australia v Kojic [2016] FCAFC 186.

The overriding consideration is whether the appointment of the special purpose liquidator will benefit all the creditors.

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