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    The High Court affirms the liquidator's equitable lien
    2014-05-22

    The High Court has recently affirmed the existence and scope of a liquidator’s equitable lien in Stewart v Atco Controls Pty Limited (in liquidation) [2014] HCA 15.

    A liquidator is entitled to an equitable lien for the costs, charges and expenses (including the liquidator’s remuneration) incurred by the liquidator in realising assets brought into the estate, which lien takes priority over a creditor’s security: Re Universal Distributing Co Ltd (in liquidation) [1933] HCA 2.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Addisons, Liquidator (law)
    Authors:
    Nicole Tyson
    Location:
    Australia
    Firm:
    Addisons
    Converting the form of liquidation – more bang for the liquidator's buck
    2014-02-06

    Introduction

    Early in his or her appointment a liquidator in a creditors' voluntary liquidation (CVL) should consider applying to the Court to convert the CVL to a Court ordered winding up in insolvency.  Conversion may benefit the unsecured creditors, in whose interests the liquidator acts, by enabling the liquidator to pursue claims and make recoveries not available in a CVL. 

    The reasons liquidators have applied for conversion include:

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Addisons, Unsecured debt, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Hayden Martin
    Location:
    Australia
    Firm:
    Addisons
    Can a voluntary liquidator obtain orders to issue creditor notices electronically?
    2013-09-23

    Voluntary administrators frequently obtain Court orders permitting notices to be issued to creditors electronically. Such orders are made under section 447A of the Corporations Act (the Act) on grounds of efficiency, cost and necessity. See Mothercare Australia Ltd (Administrators Appointed) [2013] NSWSC 263 and Creative Memories Australia Pty Ltd [2013] NSWSC 1294.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Addisons, Liquidation, Liquidator (law), Automated Clearing House
    Authors:
    Nicole Tyson
    Location:
    Australia
    Firm:
    Addisons
    Easy as ABC – insolvency and the relation-back day
    2013-07-15

    Introduction

    The Full Court of the Federal Court of Australia has rejected an argument that the applicant for an order for a company to be wound in insolvency must prove that the company was insolvent at the "relation-back day" in addition to proving insolvency at the date of filing the application and the date of the hearing. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Addisons, Liquidation, Federal Court of Australia
    Authors:
    Philip Stern , Hayden Martin
    Location:
    Australia
    Firm:
    Addisons

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