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With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

In this proceeding, the Full Court of the Federal Court considered three main issues:

  • whether certain on-lending arrangements gave rise to legitimate tax deductions for interest;
  • duties and liabilities of directors who were not directly involved in the impugned transactions; and
  • costs payable by a representative where claims were brought against the estate of a deceased director and the representative of that estate, in his own right.

Facts