Supreme Court of Victoria dismissed application to set aside statutory demand on basis of spurious and hypothetical dispute

This week’s TGIF considers the case of Brandon Industries (Vic) Pty Ltd v Locker Pty Ltd [2016] VSC 373 where the Court dismissed an application to set aside a statutory demand due to the applicant’s failure to establish a genuine dispute or offsetting claim pursuant to section 459H of the Corporations Act 2001 (Cth).

BACKGROUND

Filed under:
Australia, Victoria, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor, Debt, Legal burden of proof, Good faith, Corporations Act 2001 (Australia), Victoria Supreme Court
Authors:
David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
Location:
Australia
Firm:
Corrs Chambers Westgarth
NSW court finds that section 556 priorities do not apply to trust assets

BACKGROUND

The statutory order of priority as it relates to a superannuation guarantee charge liability was considered in the New South Wales Supreme Court proceeding In the matter of Independent Contractor Services (Aust) Pty Limited ACN 119 186 971 (in liquidation) (No 2)[2016] NSWSC 106.

Filed under:
Australia, New South Wales, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
Authors:
David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
Location:
Australia
Firm:
Corrs Chambers Westgarth
Court approves additional remuneration for liquidator

BACKGROUND

Westnet concerned an application under section 511 of the Corporations Act 2001 by a liquidator in a members’ voluntary winding-up, involving 10 related companies.

In underlying facts described by the Court as “very odd”, the court was asked to determine two questions:

Filed under:
Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Corporations Act 2001 (Australia)
Authors:
David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
Location:
Australia
Firm:
Corrs Chambers Westgarth