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Liquidator’s default judgment dismissed to avoid risk of inconsistent findings

In the matter of Bleecker Property Group Pty Ltd (In Liquidation) [2023] NSWSC 1071, appears to be the first published case that considers the question of whether an order can be made under section 588FF(1)(a) of the Corporations Act 2001 (Cth) by way of default judgment against one defendant where there are multiple defendants in the proceedings.

Key takeaways

Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation, Corporations Act 2001 (Australia)
Court grants limited intervention in Liquidator’s funding approval applications

This week’s TGIF considers Hundy (liquidator), in the matter of 3 Property Group 13 Pty Ltd (in liquidation) [2022] FCA 1216, in which the Federal Court of Australia granted leave under rule 2.13(1) of the Federal Court (Corporations) Rules 2000 (Cth) (FCCR) for intervening parties to be h

Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Federal Court of Australia
Arbitration and bankruptcy/insolvency: what are the implications for claimants in arbitration when their respondents enter an insolvency process?

The financial loss and the uncertainty caused by the pandemic continues to affect business globally, and an increase in corporate insolvency is widely anticipated. Arbitration is an effective dispute resolution mechanism, but a counterparty entering insolvency proceedings can be disruptive. We recently wrote about insolvency being one of the key trends in international arbitration in 2021.

United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Freshfields Bruckhaus Deringer