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    By whose authority? Court deems payments made under a DOCA to the DCT voidable as unfair preferences
    2020-07-27

    In Yeo, in the matter of Ready Kit Cabinets Pty Ltd (in liq) v Deputy Commissioner of Taxation,[1] the Court considered whether payments made to the Deputy Commission of Taxation (DCT) by a director of the company, required under a Deed of Company Arrangement (DOCA) were recoverable as unfair preferences.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Gadens
    Authors:
    Susan Forrest
    Location:
    Australia
    Firm:
    Gadens
    Economic and Fiscal Outlook Highlights 2020 21
    2020-07-24

    The Federal Budget update focused on Australia's economic position and the impact of the Government's response to COVID-19 and the 2019 – 20 Bushfires. Though no new measures were specifically announced, there were some additional items for certain existing programmes.

    Key forecasted Budget figures

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Public, Tax, MinterEllison, Coronavirus
    Authors:
    Siobhan Doherty , James Momsen
    Location:
    Australia
    Firm:
    MinterEllison
    Why strata title is superior to company title
    2020-07-26

    A recent saga played out in the Supreme Court of NSW illustrates why the dispute resolution procedures available to strata owners under the Strata Schemes Management Act 2015 (NSW) make strata title superior to company title.

    This is because company title property owners have only the blunt instruments of liquidation and administration available under the Corporations Act 2001 (Cth).

    This article analyses how poorly the Corporations Act 2001 (Cth) is equipped to handle disputes between owners of company title properties.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Cordato Partners, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Rent as a voluntary administration expense during a ‘standstill period’ takes priority
    2020-07-23

    The PAS Group decision reaffirms the principle that rent incurred during the administration period takes priority in the winding-up payment waterfall

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Ironbridge Legal, Coronavirus, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    The forgotten front: COVID-19 relief and preference clawbacks
    2020-07-21

    Federal Treasurer Josh Frydenberg announced recently that the Commonwealth Government is considering extending aspects of the ‘regulatory shield’ implemented on 24 March 2020, which provided temporary relief from certain insolvency laws for financially distressed businesses.

    Filed under:
    Australia, Insolvency & Restructuring, Corrs Chambers Westgarth, Coronavirus
    Authors:
    Matthew Critchley , Alicia Salvo
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Landlords win the right to claim rent as an expense of administration
    2020-07-22

    A 20 June 2020 decision of Justice O’Callaghan in the Federal Court confirms that rent incurred during the ‘no liability’ period will be payable as a priority expense in the liquidation of an insolvent tenant. This is regardless of whether or not the no liability period has been extended by the Court on application by the administrators.

    The key facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich
    Authors:
    Chris Brodrick , Alana Giles
    Location:
    Australia
    Firm:
    Holding Redlich
    As liquidators prefer it - the doctrine of peak indebtedness is here to stay
    2020-07-23

    This decision puts to rest some of the uncertainty which arose due to the NZCA's approach in Timberworld and helps to solidify liquidators' prospects of recovering maximum preferential payments. 

    Preferential payments can be an important source of funding for liquidators – and the recent decision in Bryant in the matter of Gunns Limited v Bluewood Industries Pty Ltd [2020] FCA 714 is a source of some relief for liquidators.

    Timberworld – uncertainty over the impact on Australian liquidators

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Clayton Utz, Coronavirus, Federal Court of Australia
    Authors:
    Alistair Fleming
    Location:
    Australia, New Zealand
    Firm:
    Clayton Utz
    UPDATED: Emergency legislation and measures around the world (COVID-19)
    2020-07-20

    UPDATED 3 AUGUST 2020

    Updates marked with *

    Updated: Ireland, Israel

    We take a look at some of the recent emergency legislation and measures implemented by various nations around the world in response to COVID-19. As this is a rapidly developing crisis, please ensure you keep a close eye on the Lexology Coronavirus hub page for the most up-to-date information.

    Filed under:
    Argentina, Australia, Brazil, Canada, Chile, China, Colombia, European Union, France, Germany, Global, Guernsey, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Russia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, USA, Company & Commercial, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Leisure & Tourism, Public, Tax, Lexology PRO, Coronavirus, Coronavirus compliance, European Commission, HM Revenue and Customs (UK)
    Authors:
    Umair Rahim
    Location:
    Argentina, Australia, Brazil, Canada, Chile, China, Colombia, European Union, France, Germany, Global, Guernsey, Hong Kong, Hungary, India, Indonesia, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Russia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, USA
    Firm:
    Lexology PRO
    Ideas and Options to Help Charities Succeed after the “October Cliff”
    2020-07-20

    The economic and social upheaval stemming from the COVID-19 pandemic has left the Australian not-for-profit sector searching for practices to ensure its viability in these uncertain times. As charities experience both increased costs and demand for their services, they may need to seek new avenues to generate revenue or manage their operations. Charities may consider exploring mergers and collaborations, or evaluating new commercialisation opportunities. In the event that a charity determines its operations are unviable, it may be forced to dissolve.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Non-profit Organizations, Mills Oakley, Coronavirus
    Location:
    Australia
    Firm:
    Mills Oakley
    Losing Control: How to rectify the ASIC register when false documents have been lodged
    2020-07-17

    Corporate ventures are usually founded with the very best intentions, but as matters unfold disputes between investors are all too common.

    The legal steps to resolve such disputes and assert control over a company can be complex and arduous.

    However, there are good reasons for this due process, and it cannot be circumvented.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, HopgoodGanim, Australian Securities and Investments Commission
    Authors:
    Darrell Jardine , Jess Owen
    Location:
    Australia
    Firm:
    HopgoodGanim

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