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    Funding In Focus - Content Series - Report Three - July 2016
    2016-07-08

    FUNDING IN FOCUS CONTENT SERIES REPORT T HREE JULY 2016 2 | VANNIN CAPITAL Funding in Focus Content Series Welcome Welcome to the third edition of Funding in Focus. Since the inception of Funding in Focus, the funding market has grown and developed. This development is reflected in the number, type and complexity of the cases we are being asked to fund across the globe. We have seen an exponential rise in requests for funding in a range of sectors, including in arbitration and insolvency, and in a range of jurisdictions.

    Filed under:
    Australia, Global, United Arab Emirates, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Legal Practice, Litigation, Vannin Capital PCC, UNCITRAL, International Chamber of Commerce, Arbitral tribunal
    Location:
    Australia, Global, United Arab Emirates, United Kingdom
    Firm:
    Vannin Capital PCC
    What happens when a TPD claimant is declared bankrupt in Australia?
    2016-07-11

    In Berryman v Zurich Australia Ltd [2016] WASC 196 it was decided that a bankrupt's entitlement to claim a TPD benefit under a life insurance policy is not an entitlement that is divisible amongst the bankrupt's creditors, and therefore such an entitlement does not vest in the Official Trustee in bankruptcy. Tottle J of the Supreme Court of Western Australia ruled that the bankrupt insured could continue an action in his own name to recover the TPD benefit. Life insurers may need to adjust their claims' payment practices in light of the Berryman decision.

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Authors:
    Avryl Lattin , Steven Donley , Dean Carrigan , Jenny Thornton , Maxine Tills , Marcus O’Brien
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    You should’ve called! Liquidator breaches duties by not picking up the phone
    2016-07-11

    A liquidator has many competing duties and pressures in the performance of their role. Can the failure to make a simple phone call be a breach of those duties?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Maddocks, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Sam Kingston
    Location:
    Australia
    Firm:
    Maddocks
    Trust companies in liquidation - dealing with priority debts
    2016-07-12

    The decision in In the matter of Independent Contractor Services (Aust) could mean more reliance upon fair entitlements guarantee funding provided by the Commonwealth in relation to the liquidation of trading trusts.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Costs in English law, Audit, Beneficiary, Debt, Withholding tax, Liquidation, Liquidator (law), Discretionary trust, Australian Taxation Office, Corporations Act 2001 (Australia), Trustee, New South Wales Supreme Court
    Authors:
    Mikhail Glavac
    Location:
    Australia
    Firm:
    Clayton Utz
    When is a Contract Claim not a Contract Claim? When it’s a Personal Injury Claim
    2016-07-14

    The Bankruptcy Act 1966 (Cth) specifies the circumstances in which a bankrupt is entitled to continue prosecuting legal proceedings after a sequestration order has been made.  Sections 60 and 116 of the Act allow a bankrupt to continue with their proceedings if the proceedings are “in respect of any personal injury or wrong done to” the bankrupt.  

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Personal Injury, William Roberts Lawyers, Bankruptcy
    Authors:
    Sebastian Brodowski
    Location:
    Australia
    Firm:
    William Roberts Lawyers
    Australian Corporations Act not beholden to Chapter 11
    2016-07-15

    This week’s TGIF considers Legend International Holdings Inc (In Liquidation) v Indian Farmers Fertiliser Cooperative Ltd & Kisan International Trading FZE [2016] VSCA 151 in which it was held that s 581 does not prohibit a winding up order where Chapter 11 proceedings are on foot.

    What happened?

    Filed under:
    Australia, USA, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia, USA
    Firm:
    Corrs Chambers Westgarth
    Can a bankrupt maintain legal action on a TPD claim?
    2016-07-15

    In Berryman v Zurich Australia Ltd [2016] WASC 196, the Supreme Court of Western Australia held a bankrupt, Berryman, was able to maintain legal action in his own name, claiming TPD insurance benefits from Zurich.

    The Bankruptcy Act 1966 (Cth) relevantly provides:

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, DLA Piper
    Location:
    Australia
    Firm:
    DLA Piper
    PPS Leases - Owner of Goods Loses Title to Liquidator of Tenant
    2016-07-01

    The New South Wales Supreme Court case of Forge Group Power Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52 provides guidance on the following issues in relation to the Personal Property Securities Act 2009 (Cth) (the PPSR):

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Broadley Rees Hogan, Personal property, General Electric
    Authors:
    Robert Lyons
    Location:
    Australia
    Firm:
    Broadley Rees Hogan
    Court of Appeal to rule on Brereton remuneration decisions
    2016-06-08

    Last Friday, Justice Brereton finally published his reasons in Sakr Nominees Pty Ltd [2016] NSWSC 709, the latest in a series of controversial decisions on insolvency practitioner remuneration. 

    In Sakr, consistently with his Honour’s previous remuneration decisions:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Liquidator (law)
    Authors:
    Thomas Russell
    Location:
    Australia
    Firm:
    Piper Alderman
    The winding up of a trading trust: The game has changed
    2016-06-17

    On 23 February 2016, Justice Brereton in the New South Wales Supreme Court handed down the decision in the matter ofIndependent Contractor Services (Aust) Pty Ltd ACN 119 186 971 (in liquidation) (No 2) [2016] NSWSC 106.

    This is an important judgment, with significant consequences for the insolvency community.

    The decision deals with two fundamental aspects of insolvency law, being:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, HopgoodGanim, Liquidation, Liquidator (law)
    Authors:
    Paul Betros
    Location:
    Australia
    Firm:
    HopgoodGanim

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