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    TGIF 14 August 2020 - The trade must go on: Federal Court orders director to disclose passwords to company servers and trading platforms
    2020-08-14

    This week's TGIF considers the recent Federal Court case of Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111, where the Federal Court ordered the director of a company to disclose passwords to the company’s server

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Foreign exchange market
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Lessors’ Priority Preserved: Implications for Post-Appointment Trading and DOCAs
    2020-08-13

    In its recent judgment involving the PAS Group of companies[1], the Federal Court held that rent payable by the PAS Group during an extension of the period in which an administrator had been excused from personal liability (Standstill Period) is an expense properly incurred by a ‘relevant authority in carrying on the company’s business’ and is therefore a priority debt under s 556(1)(a) of the Corporations

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Johnson Winter Slattery, Corporations Act 2001 (Australia)
    Authors:
    Pravin Aathreya
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Changes to the regulation of third party litigation funding - insolvency practitioners should take note
    2020-08-12

    Litigation funders in Australia are now subject to increased regulation following the passing of the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth). The amendments apply to schemes or arrangements entered into on or after 22 August 2020.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich, Litigation funding
    Location:
    Australia
    Firm:
    Holding Redlich
    Succession plan still in shape?
    2020-08-11

    Advisers are seeing some challenging and difficult scenarios with clients in the current situation. When times are tough, or when life brings up unique challenges, it is often an adviser that guides their client through these difficult scenarios.

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Hall & Wilcox
    Authors:
    William Moore , Emma Woolley , James Whiley , Kate Gould , Sam Baring
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Limits to the public examination summons - Arrium v Walton
    2020-08-10

    A recent case in the NSW Court of Appeal clarifies the purpose, and limits, of a public examination summons

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Back on Top: Australian Court Affirms the "Peak Indebtedness Rule" in Unfair Preference Claims
    2020-08-06

    In Short

    The Situation: When determining and quantifying unfair preference claims in Australia, does the Corporations Act permit liquidators to value transactions forming part of a single "continuous business relationship" (such as a running account) from the point of peak indebtedness, even if doing so disregards earlier transactions that might act to reduce the value of the claim against the creditor?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Roger Dobson , Lucas Wilk , Katie Higgins , Maria Yiasemides
    Location:
    Australia
    Firm:
    Jones Day
    TGIF 7 August 2020 - Public examination for private gain: NSW Court of Appeal clarifies Court’s power to make examination orders
    2020-08-07

    This week’s TGIF considers the recent decision of the NSW Court of Appeal in the Arrium liquidation, where the Court set aside examination orders sought for the purpose of a possible shareholder class action.

    Key takeaways

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Restructuring for the covid era - Mergers
    2020-08-04

    Many companies are under financial pressure in the COVID-19 era as a result of revenue substantially reducing, debts not being paid when due and supply chains being disrupted. Even companies with financial reserves are finding themselves under pressure as measures taken by state and the Federal governments to reduce the spread of the virus are expanded and extended.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Macpherson Kelley, Due diligence, Coronavirus
    Location:
    Australia
    Firm:
    Macpherson Kelley
    TGIF 31 July 2020 - Federal Court rejects claim that rent incurred during administration does not have priority over other unsecured debts
    2020-07-31

    Administrators unsuccessfully argued that rent incurred during the administrators’ statutory “no personal liability” period was an unsecured debt which would not enjoy priority in the event the relevant companies went into liquidation.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Distributing co-mingled funds in insolvency: Tackling the conundrum
    2020-07-31

    Caron and Seidlitz v Jahani and McInerney in their capacity as liquidators of Courtenay House Pty Ltd (in liq) and Courtenay House Capital Trading Group Pty Ltd (in liq) (No 2) [2020] NSWCA 117

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria
    Authors:
    Cameron Charnley
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria

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