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Searching Content indexed under Corporate/Commercial Law by Jade Rowarth ordered by Published Date Descending.
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1
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
2
Released or not? Informed release required for breaches of trust
A release for breach of trust was ineffective because the beneficiary was not fully informed about the facts of the breach.
Australia
13 Dec 2018
3
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
4
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
5
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
6
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
7
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
8
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
9
Final Bell has not tolled for deregistered companies – Bell Group companies brought back to life to litigate another day
The Court ordered that 16 Bell Group companies - which had been deregistered for some 25 years - should be reinstated.
Australia
30 Jul 2018
10
Hurry up and wait – Liquidator in holding pattern while Re Amerind decided
The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
Australia
16 Jul 2018
11
Like Night and Day: Winding-up order set aside on application by sole director
A sole director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.
Australia
25 Jun 2018
12
The substance and the gist - Can a director waive privilege on behalf of a company in liquidation?
When a liquidator is appointed, a director will lose power to manage the company and is not able to waive privilege.
Australia
6 Jun 2018
13
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
14
Left in the dark – Seeking to appoint a voluntary administrator when board relations crumble
This case was an application seeking a declaration as to the validity of the appointment of a voluntary administrator.
Australia
11 Apr 2018
15
Re-run of Re Amerind – Part 2: Circulating security interests and circulating assets
Part 2 looks at "circulating assets" and what that means for receivers when handling the property of insolvent companies.
Australia
27 Mar 2018
16
Re-run of Re Amerind - Part 1: The right of indemnity of the insolvent corporate trustee
The corporate trustee's right of indemnity by way of exoneration was property of the company within the meaning of s 433.
Australia
19 Mar 2018
17
New insolvency reforms are on the way: How will they affect you?
Viable but underperforming companies will have an opportunity to implement a turnaround strategy or sale of the business.
Australia
5 Mar 2018
18
Out of step but not out of pocket: Remuneration still recoverable for work done by invalidly appointed administrators and liquidators
It was clear that the applicants had proceeded on the basis that they had been validly appointed for the company.
Australia
19 Feb 2018
19
ALL-PAAP punctured: PMSI triumph over Kawasaki motorcycles
This decision turned on the construction of section 62 of the PPSA and the reference to a grantor obtaining possession.
Australia
15 Dec 2017
20
A disposition of trust property post-winding up - void or not?
The QCA considered whether a disposition of property by a company after the commencement of its winding up was void.
Australia
4 Dec 2017
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