Search
Searching Content by Jade Rowarth from Corrs Chambers Westgarth ordered by Published Date Descending.
Links to Result pages
 
1 2 3 4 5  
>>Next
 
Title
Country
Organisation
Author
Date
1
Typo defeats winding up proceedings
The statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.
Australia
17 Apr 2019
2
Prove it or lose it: Court allows appeal on rejected proofs, calling company liquidation into question
Several proofs of debt were wrongly admitted or rejected; if correct, the company would not be put into liquidation.
Australia
12 Apr 2019
3
Long road to nowhere: Mortgagee denied possession when default not established
The court found that there was no default by borrowers which entitled the lender to possession of the security property.
Australia
11 Apr 2019
4
Creditors scuttle proposed compromise of proceedings by the liquidator
When there is creditor opposition, a liquidator must demonstrate clear and cogent grounds in support of the compromise.
Australia
28 Mar 2019
5
Last one standing: Costs consequences for defendant creditors in mothership preference claims
This case highlights a need to carefully consider the strategy that defendants take in ‘mothership' preference claims.
Australia
22 Mar 2019
6
Excessive remuneration and inadequate remuneration reports: Validation of liquidators remuneration refused, with fees reduced by Court
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Australia
13 Mar 2019
7
The man, the myth, the Legend: Court unravels insolvent transactions
Continuing the story of Legend International where the Court found a company to be insolvent on the basis of a foreign debt.
Australia
6 Mar 2019
8
Sweet disposition: Court validates dispositions of company property made after the commencement of a winding up
This Federal Court decision validated dispositions of property made by the company after the winding up process began.
Australia
1 Mar 2019
9
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
10
A good reason for a Special Purpose (Liquidator): suspected illegal phoenix activity
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Australia
14 Feb 2019
11
Directions engineered: Conduct justified – Substantive rights not affected
The liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.
Australia
19 Dec 2018
12
Released or not? Informed release required for breaches of trust
A release for breach of trust was ineffective because the beneficiary was not fully informed about the facts of the breach.
Australia
13 Dec 2018
13
You cannot rely on anyone but yourself – insolvent companies, litigation funding and security for costs
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Australia
6 Dec 2018
14
Receivers in a nickel: Court directions under s424 of the Corporations Act 2001
Court directions can provide assistance to receivers in the context of hotly contested disputes and transactions.
Australia
1 Dec 2018
15
Application warranted: Liquidator granted warrant to search for and seize property
This article considers a liquidator's application for a warrant to search for and seize property, books and records.
Australia
22 Nov 2018
16
Assign o the times: Assigning statutory causes of action
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
Australia
16 Nov 2018
17
Perception is paramount: Administrator denied appointment as liquidator
In other circumstances, it could be appropriate for the administrator of the company to be appointed as the liquidator.
Australia
9 Nov 2018
18
Perils of a complex corporate collapse: administrators conduct justified and personal liability is limited.
Administrators approached court for orders to justify their continuation of inter-company loans & to limit personal liability.
Australia
30 Oct 2018
19
Injunctions restraining mortgagee sales – do not hold me back
Injunction is granted to restrain the power of sale of a mortgagee despite the mortgagor not making any payment into Court.
Australia
23 Oct 2018
20
Do not scratch the service: Court clarifies rules for service for claims commenced under the Corporations Act
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
Australia
15 Oct 2018
Links to Result pages
 
1 2 3 4 5  
>>Next