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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Cameron Cheetham ordered by Published Date Descending.
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TGIF 16 August 2019: Federal Court instructs that liquidators should appoint a receiver when dealing with an insolvent corporate trustee
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Australia
20 Aug 2019
2
TGIF 2 August 2019: Putting to rest questions on the realisation of trust assets
Article considers recent case that confirms liquidators should approach the Court before taking steps to realise trust assets.
Australia
6 Aug 2019
3
TGIF 26 July 2019: Removal refusal: New South Wales Supreme Court refuses an application to remove liquidators
Whilst it remains a high bar to remove them, liquidators must always be vigilant to ensure their independence is preserved.
Australia
30 Jul 2019
4
TGIF: Firm Restraint: Bankrupt stalls examination to restrain solicitors of liquidators from acting
This was an overview of the principles of a court's discretion to restrain a firm from acting against a former client.
Australia
25 Jul 2019
5
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
6
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
7
TGIF 21 June 2019: Full Federal Court finds D&O insolvency exclusion does not apply, notwithstanding administration of company
An insolvency exclusion in a D&O policy did not exclude claims against directors of a company under administration.
Australia
27 Jun 2019
8
Clarity for voluntary administrators seeking costs of administration in relation to partnership property
The voluntary administrator could claim costs of care, preservation and realisation of partnership assets of the company.
Australia
7 Jun 2019
9
TGIF:Champions Quarrel: Provisional liquidators appointed to protect company assets from majority shareholder
Provisional liquidators were appointed after allegations of oppressive manner towards minority shareholder and company.
Australia
31 May 2019
10
TGIF 10 May 2019: Federal Court permits liquidators to give notices to creditors electronically and to be relieved of the requirement to send a creditors list
This case demonstrates the Court's inclination to assist liquidators and to reduce costs for the benefit of creditors.
Australia
24 May 2019
11
So far, so good? Considering the success of safe harbour reforms in Australia
Safe harbour protection for company directors was one of a number of restructuring reforms to relax the insolvency laws.
Australia
21 May 2019
12
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
13
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
14
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
15
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
16
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
17
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
18
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
19
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
20
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
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