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Searching Content indexed under Litigation, Mediation & Arbitration by Jade Rowarth ordered by Published Date Descending.
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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
2
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
3
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
4
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
5
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
6
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
7
Piercing the corporate veil in winding up applications: Court orders non-party director to pay indemnity costs
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Australia
6 Oct 2018
8
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
9
Stitched up by a subpoena side-step – Methods for obtaining transcripts of ASIC examinations
Transcripts of ASIC examinations can be very useful in investigating avenues of recovery, or assisting to build a case.
Australia
11 Aug 2018
10
Dont sweat the small stuff - Let the courts help resolve uncertainty for insolvency practitioners
With the right approach at an early stage, the effort of proactively seeking court assistance can pay great dividends.
Australia
21 Jun 2018
11
Records, records everywhere, and a reason to stop and think. The admissibility of company books stored in data files.
Court recently considered whether data files from software packages are admissible as evidence of financial records.
Australia
13 Jun 2018
12
Court considers independence issues relating to appointment and funding of special purpose liquidator.
Recent case - application to appoint special purpose liquidators & to obtain Court approval of funding & legal arrangements.
Australia
22 May 2018
13
Cant get no double satisfaction: guarantor seeks to rely on rule against double satisfaction to reduce liability to creditor
Guarantor unsuccessfully sought to rely on the rule against double satisfaction to reduce his liability to a creditor.
Australia
17 Apr 2018
14
Administrator wipeout! Claimants stoked as court dumps nominal value for class action claims
Administrators are not justified in assigning a nominal amount without even attempting a summary assessment of value.
Australia
5 Mar 2018
15
Upset by the offset - and other statutory demand traps
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Australia
10 Feb 2018
16
Rule 6.19 of the Uniform Civil Procedure Rules - joining defendants: Keeping it within the mothership
Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.
Australia
13 Dec 2017
17
Examinee on the run. What to do when a director fails to appear.
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Australia
4 Nov 2017
18
Distribution of trust assets in a personal insolvency: Same, but different?
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Australia
23 Oct 2017
19
Ding dong - the summons is dead
The case is a warning to applicants for leave to issue examination summons that they must make full and frank disclosure.
Australia
18 Sep 2017
20
Company confidential: when are employee documents not privileged against their employer?
We consider what Simpkin v The Berkeley Group Holdings PLC [2017] EWHC 1472 means for insolvency practitioners.
Australia
6 Aug 2017
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