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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Corrs Chambers Westgarth ordered by Published Date Descending.
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1
When worlds collide: navigating M&A and restructuring in volatile global markets
In the current global and domestic markets, few things are clear other than that volatility and change are ever-present.
Australia
3 Oct 2019
2
TGIF: Double proofed, maybe – Queensland Supreme Court advises liquidators on proofs of debt
Complex situations, where matters are adversarial, warrant judicial advice, but not for deciding the specific dispute.
Australia
2 Oct 2019
3
TGIF: Bondi ponzi : investor funds rescued and found to be held on trust
Recent case considered whether funds held in bank accounts of failed ponzi scheme be returned to investors or paid to creditors.
Australia
25 Sep 2019
4
TGIF: Trans-Tasman commingling – a lesson on ex parte applications for cross-border insolvency hearings
This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
Australia
21 Sep 2019
5
Warning from the mothership: requirements for group preference claim proceedings
Recent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.
Australia
18 Sep 2019
6
TGIF: Done Deed: Court rejects application to void or terminate DOCA
This TGIF considers a refusal by the Federal Court to declare void or terminate a DOCA on certain grounds.
Australia
10 Sep 2019
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
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
15
Federal Court orders liquidators to repay excessive remuneration drawn with interest and to bear costs personally
Failure to properly obtain creditor approval of remuneration can have dire consequences for insolvency practitioners.
Australia
19 Jun 2019
16
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
17
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
18
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
19
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
20
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
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