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.

Editor’s Note:  One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law.  Just as business practices change, new financing techniques evolve, and transactions become more complex, the bankruptcy world must adapt as well, to allow for a well functioning insolvency system and not a stilted, out of date process.  To that end, we at The Bankruptcy Cave love finding curious decisions in tangential fields of the law, and thinking about how they may change bankruptcy practice, or how bankruptcy pract

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…”