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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Felicity Healy ordered by Published Date Descending.
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TGIF 23 August 2019: Constructing viable claims: when will a special purpose liquidator be necessary?
This week's TGIF considers when a special purpose liquidator might be appointed to investigate 'not viable' claims.
Australia
1 Sep 2019
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
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