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Searching Content by David Abernethy from Corrs Chambers Westgarth ordered by Published Date Descending.
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1
Something is better than nothing: Court approval of liquidator entering litigation funding agreement
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
Australia
27 Jun 2017
2
A commercial solution to a re-vesting problem
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
Australia
20 Jun 2017
3
First in time, first in line? Does the order of registration of caveats determine the priority of competing unregistered charges?
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
Australia
11 Jun 2017
4
Phoenixing rising: corporate misuse of FEG sparks crackdown
The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.
Australia
5 Jun 2017
5
Scheming and restructuring to protect creditors
This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.
Australia
29 May 2017
6
Rethink again, when will a court adjust the liability of a co-guarantor?
The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.
Australia
22 May 2017
7
Liquidators disclaimer power not fail-safe
This case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.
Australia
15 May 2017
8
Taste of bias: Court rejects assertion of lack of independence
This was an objection to a liquidator retaining solicitors who had previously acted for a creditor against the company.
Australia
8 May 2017
9
To err is human – NSW Supreme Court lets financier fix 200-plus flawed PPSA registrations
A review of your PPSA registrations may uncover defects and errors that could compromise your statutory priorities.
Australia
2 May 2017
10
No pressure! Financial difficulties alone will not establish duress
Financial difficulties alone will not establish that a loan contract or a settlement deed was entered into under duress.
Australia
24 Apr 2017
11
Not so perfect solution - Court relief sought to avoid automatic vesting of security interest
Administrators should be mindful of making an application for an order to avoid automatic vesting of a security interest.
Australia
10 Apr 2017
12
I will be back – New South Wales Supreme Court terminates a liquidation
Liquidation need not be the end of the line, as a Court may terminate a liquidation if it is apparent debts can be paid.
Australia
2 Apr 2017
13
Australia
26 Mar 2017
14
Does collective knowledge of a company's officers equate to company knowledge?
This week's TGIF considers Commonwealth Bank of Australia v Kojic [2016] FCAFC 186.
Australia
19 Mar 2017
15
"All for one and one for all": Creditor successfully appoints SPLs to undertake tasks only it is willing to fund
The overriding consideration is whether the appointment of the special purpose liquidator will benefit all the creditors.
Australia
12 Mar 2017
16
A liquidator's equitable lien: because justice requires it
Liquidators may claim an equitable lien to recover costs and expenses from assets that they have cared for and preserved.
Australia
7 Mar 2017
17
ABN but no ACN? Your PPSA registration may be defective
We considers In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21.
Australia
5 Mar 2017
18
Liquidators vindicated in refusing to conduct public examinations using a creditor's law firm
The decision provides comfort to liquidators that they will be justified in refusing to conduct certain examinations.
Australia
1 Mar 2017
19
Making an example of wrongdoing: Penalty orders against ASX listed company and its director
The orders were for misleading and deceptive statements in a prospectus, non-disclosure and breach of directors duties.
Australia
14 Feb 2017
20
Unlimited – liquidators' enlarged claim permissible following expiration of limitation period
Liquidators who bring a claim for preference payments within the limitation period may amend that claim outside time.
Australia
28 Dec 2016
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