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    Section 6 - farewell (and good riddance!)
    2017-07-17

    In December 2016 we posted on the NSW Law Reform Commission’s recommendation to replace section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW). Six months later, we can now confirm that section 6 is (finally) dead and herald the new era of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act). The new Act is now live (from 1 June 2017) and is a welcome clarification of the confusion and ambiguity caused by section 6.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, DLA Piper
    Authors:
    Belinda Randall
    Location:
    Australia
    Firm:
    DLA Piper
    Hamersley v Forge: the limitations of set-off rights in a liquidation scenario
    2017-06-27

    In the event of a contractual counterparty going into liquidation, whether or not a trade counterparty may claim set-off against debts owed to the insolvent counterparty can dramatically affect the commercial position of the account debtor. This was recently highlighted in the decision of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers appointed) [2017] WASC (2 June 2017).

    What does this mean for you?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Liquidation
    Authors:
    Helena Busljeta , Emma Costello , Samantha Kinsey , Tim Klineberg , Tony Troiani
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Change is here for “PPS Leases” under the PPSA
    2017-06-27

    On 19 May 2017, the PersonalProperty Securities Amendment (PPS Leases) Act 2017 (Cth) (Amendment Act) received Royal Assent and is now effective. The Amendment Act has changed the definition of a "PPS Lease" (PPS Lease) under the Personal Property Securities Act 2009 (Cth) (PPSA).

    Filed under:
    Australia, Banking, Company & Commercial, Insolvency & Restructuring, Brown Wright Stein Lawyers, Personal property
    Authors:
    Chris Wilkinson , Charles Cheah , Suzanne Howari
    Location:
    Australia
    Firm:
    Brown Wright Stein Lawyers
    Australia: Update on Liquidator remuneration post-Sakr - What to include in a successful application for remuneration approval
    2017-06-28

    Key points summary

    Following the recent high-profile appeal decision, the Supreme Court of New South Wales has now finalised the saga that was the review and approval of the remuneration of the Liquidator of Sakr Nominees.

    From that decision emerge several key points for insolvency professionals when considering their remuneration:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Baker McKenzie, New South Wales Supreme Court
    Authors:
    Heather Collins
    Location:
    Australia
    Firm:
    Baker McKenzie
    Dealing with a company’s corpse: The Sakr Saga continues as Liquidators struggle to get their fees approved
    2017-06-28

    Whether you are a liquidator, director, employee, shareholder or creditor of a company in financial distress, the experience of a corporate insolvency is usually not pleasant. Directors face the threat of being investigated for breaches of directors duties, employees become unemployed, shareholders become the owners of worthless assets and creditors are forced to come to the realisation that they will never see the money owed to them (or at least not all of it).

    Filed under:
    Australia, Insolvency & Restructuring, McCabe Curwood, Liquidation
    Authors:
    Andrew Lacey , Danyal Ibrahim
    Location:
    Australia
    Firm:
    McCabe Curwood
    Insolvent trading trusts: the twilight zone
    2017-06-15

    The recent decision of Markovic J in Robert Kite and Mark Hutchins in their capacity as liquidators of Mooney’s Contractors Pty Ltd (in liq) & Anor v Lance Mooney & Anor [2017] FCA 653 in the Federal Court of Australia provides practitioners with further clarification of the requirements when insolvency practitioners are appointed to companies which operate as corporate trustees. 

    KEY TAKE-HOMES FOR INSOLVENCY PRACTITIONERS

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McCabe Curwood, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Andrew Lacey
    Location:
    Australia
    Firm:
    McCabe Curwood
    Australian Insolvency Reforms - The Harbour Appears Safer Than it Was
    2017-06-15

    On 1 June 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 (Bill) was introduced to the House of Representatives. The Bill introduces amendments to the Corporations Act 2001 (Cth) (Act) that are aimed at providing a safe harbour for directors from potential insolvent trading liability and also at restrictions on the enforcement of ipso facto clauses.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, K&L Gates LLP, Debt, Corporations Act 2001 (Australia)
    Authors:
    Ian J. Dorey , Zina Edwards , James Thompson
    Location:
    Australia
    Firm:
    K&L Gates LLP
    A commercial solution to a re-vesting problem
    2017-06-16

    This week’s TGIF considersAlleasing Pty Ltd, in the matter of OneSteel Manufacturing Pty Ltd in which the Court considered the potential prejudice to creditors in extending the time for registration of security interests

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Insolvency Insights: Can an unpaid seller stop goods in transit to obtain payment?
    2017-06-16

    All Australian states have sale of goods legislation that, in certain circumstances, allows an unpaid seller to retain possession of goods in transit where the buyer becomes insolvent. The statutory right, called stoppage intransitu, is a useful remedy to obtain payment.

    A registered security interest on the PPSR is not required to exercise the statutory right. Administrators and liquidators may be trumped by a notice under the stoppage in transitu provisions.

    However, the sale of goods legislation is not identical in each state.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Shipping & Transport, Cooper Grace Ward
    Authors:
    Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    Don’t be a fool, cover your … assets! Asset Protection: 3 simple steps
    2017-06-21

    We all know that Australians have an unhealthy obsession with owning their own home. And with house prices surging over the past 5 years there is every right to be obsessed. But why sacrifice so much to purchase your dream home only to watch it fall into the hands of creditors?

    Filed under:
    Australia, Insolvency & Restructuring, Private Client & Offshore Services, McCabe Curwood, Bankruptcy
    Authors:
    Danton Stoloff , Terry McCabe
    Location:
    Australia
    Firm:
    McCabe Curwood

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