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Searching Content indexed under Arbitration & Dispute Resolution by Jade Rowarth ordered by Published Date Descending.
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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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
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