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Searching Content indexed under Insolvency/Bankruptcy by Cooper Grace Ward ordered by Published Date Descending.
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1
Are you a receiver, administrator or liquidator? You could be liable for offences under the Environmental Protection Act 1994 (Qld)
Receivers, administrators and liquidators must ensure they meet their environmental responsibilities to avoid a penalty.
Australia
24 Aug 2019
2
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
3
Administrators and liquidators must take information requests seriously: Cost consequences for non-compliance
This is practical guidance for external administrators in responding to information requests from creditors and others.
Australia
12 Apr 2019
4
Serving a creditors statutory demand on a company where you are a director
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Australia
9 Mar 2019
5
Liquidators recover unfair preference payments from retention of title secured creditor
This case is a good illustration of what creditors and liquidators should consider when it comes to preference payments.
Australia
22 Jun 2018
6
Creditor defeats unfair preference claim by liquidator
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Australia
8 Jun 2018
7
Insolvency insights: Using the section 553C set-off to reduce unfair preference claims
A claim for set-off is not available if, at the time of giving credit to the company, the person knew of the insolvency.
Australia
25 Apr 2018
8
s588 Corporations Act: Unfair preferences – creditors defence of not suspecting insolvency.
When a liquidator demands payment for an alleged unfair preference, the creditor does not always need to pay up.
Australia
20 Dec 2017
9
Safe harbour ahead – Government proposes insolvency law reform
Directors will need to carefully demonstrate compliance with the new obligations to gain benefit of the safe harbour.
Australia
7 Dec 2017
10
Insolvency insights: Ipso facto clauses – is there still time to ramp up your contract so you can terminate for insolvency events?
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Australia
16 Oct 2017
11
Insolvency insights: Recent decisions on liquidators litigation funding agreements
A liquidator must not enter into any sort of agreement that could last longer than three months, without prior approval.
Australia
10 Jul 2017
12
Insolvency Insights: Can an unpaid seller stop goods in transit to obtain payment?
An unpaid seller should immediately issue a notice of stoppage in transit, complying with relevant state legislation.
Australia
20 Jun 2017
13
Insolvency Insights: Disputed goods, PMSIs, liens and administrators
Competing claims to goods are common where there is an unpaid seller, external administration and a transport provider.
Australia
7 Jun 2017
14
Transport providers, liens and insolvency: Know when to hold em
The case shows how a transport provider can become 'the meat in the sandwich', if a consignee of goods becomes insolvent.
Australia
2 Jun 2017
15
What is stoppage in transitu? It can take a toll on transport providers
Where the buyer becomes insolvent, an unpaid seller's right to reclaim goods in transit is called stoppage in transitu.
Australia
1 Jun 2017
16
Insolvency insights: A trustee's indemnity – Victorian Supreme Court declines to follow Re Enhill
The decision in Re Enhill, regarding a trustee's right of indemnity, has been generally criticised by legal commentators.
Australia
30 Mar 2017
17
Insolvency insights: Rexel, unfair preferences and section 553C setoff
Unless the controversy of section 553C setoff is otherwise determined, the Rexel decision may continue to be relied upon.
Australia
24 Mar 2017
18
Can a lessee prevent a lessor changing the locks?
A lessee will need to demonstrate that the genuine interests of the lessor will be protected if relief is granted.
Australia
10 Mar 2017
19
Protecting your assets: The latest victims of the PPSA
These decisions highlight the perils of failing to register interests on the PPSR, or failing to correctly register them.
Australia
3 Mar 2017
20
PPSA: NSW Court of Appeal decides on fixtures argument in US$44million PPSA case
The Court dismissed an appeal because of a failure to register on the Personal Property Securities Register (PPSR).
Australia
20 Feb 2017
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