The government has identified that the economic impacts of the COVID-19 pandemic and the public health measures to prevent its spread could see many otherwise profitable and viable businesses temporarily face financial distress.

The recent appellate decision of the Full Court of the Federal Court on 19 April 2018 in White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63 (Re Mossgreen) provides guidance regarding equitable liens and a stern warning to insolvency professionals to seek directions from the Court before engaging in conduct which affects property of third parties.

The Supreme Court has recently declined to hear retailer Game’s appeal, ruling that there was no arguable point of law of general public importance which ought to be considered, particularly bearing in mind the case had already been the subject of judicial decision and reviewed on appeal.

“… permission to appeal be refused because the application does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court…”