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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Jade Rowarth ordered by Published Date Descending.
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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
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
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
16
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
17
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
18
Set-off rights restored – WACA overturns Forge
When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.
Australia
29 Sep 2018
19
Call of duty: can lawyers owe a duty of care to a company in liquidation when instructed by its shareholder?
Does a solicitor acting for a shareholder also owe a duty of care to the company in liquidation?
Australia
25 Sep 2018
20
Examinee (still) on the run — Clarifying how liquidators can apply for arrest warrants to require directors to appear
This article considers the process that a liquidator may follow when a director fails to attend at an examination.
Australia
17 Sep 2018
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