NSW Court of Appeal Finds a Decision 'Plainly Wrong'

There is now a divergence between New South Wales and Victorian authority on whether a company in liquidation may make a claim under Security of Payment legislation. The common law position in NSW is now that a company in liquidation can bring a Security of Payment claim. This decision will be rendered somewhat academic in NSW following enactment of legislation to come into force on a (currently unspecified) date in 2019 which has the effect of overriding this decision.

Filed under:
Australia, New South Wales, Victoria, Insolvency & Restructuring, Litigation, Baker McKenzie, Corporations Act 2001 (Australia), Victoria Supreme Court, New South Wales Court of Appeal
Authors:
Alex Hartmann , Heather Collins
Location:
Australia
Firm:
Baker McKenzie
Inquiry into construction industry insolvency

Why the Inquiry?

The NSW Government has announced an independent Inquiry into Construction Industry Insolvency in NSW.  Announced by NSW Minister for Finance & Services the Hon. Greg Pearce, the Inquiry will examine the extent and causes of insolvency in the NSW construction industry and what reforms are needed to minimise the adverse effects of insolvency on sub-contractors.

Filed under:
Australia, New South Wales, Construction, Insolvency & Restructuring, Baker McKenzie
Authors:
Alex Hartmann
Location:
Australia
Firm:
Baker McKenzie
Inquiry into construction industry insolvency

Why the Inquiry?

The NSW Government has announced an independent Inquiry into Construction Industry Insolvency in NSW.  Announced by NSW Minister for Finance & Services the Hon. Greg Pearce, the Inquiry will examine the extent and causes of insolvency in the NSW construction industry and what reforms are needed to minimise the adverse effects of insolvency on sub-contractors.

Filed under:
Australia, New South Wales, Construction, Insolvency & Restructuring, Baker McKenzie
Authors:
Alex Hartmann
Location:
Australia
Firm:
Baker McKenzie