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    Non-paying client flashes by in luxury car - how do you feel? - Part 3
    2015-05-14

    Liquidators and Trustees in Bankruptcy - Claw-Back

    Sometimes service providers feel that they should not get involved to assist financially troubled clients obtain work-out or insolvency advice in fear that if their client goes into liquidation or bankruptcy that the WIP and/or fees/costs paid may be lost or "clawed back" by a liquidator because of an unfair preference claim.

    Filed under:
    Australia, Insolvency & Restructuring, Cornwalls
    Authors:
    Paul Agnew , Suzanne Brown , Sean Diljore
    Location:
    Australia
    Firm:
    Cornwalls
    Cross-Border Insolvency: relation back day of a foreign main proceeding
    2015-05-14

    The Federal Court of Australia has recently issued a decision clarifying the breadth of its powers under the Cross-Border Insolvency Act 2008 (Cth) (the Act).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Allens, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Allens
    Is your litigation funding agreement subject to attack?
    2015-05-18

    Another judgment has been handed down in the ongoing dispute between the MFS/Octaviar liquidators and Fortress Credit Corporation (Australia) II Pty Ltd (Fortress). In this latest decision, the NSW Court of Appeal has confirmed that a creditor can attack a litigation funding agreement entered by a liquidator.

    The relevant facts were as follows:

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Allens, Liquidator (law)
    Location:
    Australia
    Firm:
    Allens
    Contingent claims maturing after termination of DOCA extinguished
    2015-05-22

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Your trading terms and policies can help you avoid debt recovery headaches
    2015-05-22

    In brief - Well drafted trading and credit terms can help your company avoid bad debts

    Seeking director's guarantees, following your credit policies and including recovery costs, interest clauses, general security and retention of title clauses in your trading terms can help you manage cash flow and prevent bad debts.

    Company liquidation often due to poor management of cash flow

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Accounts receivable, Debt
    Authors:
    Mathew Deighton
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Insolvency reform - Productivity Commission weighs in
    2015-05-25

    The reform agenda for Australia's restructuring and insolvency regime has now received the views of the Productivity Commission, in the context of its wider review of Business Set-Up, Transfer and Closure.  A draft report published on 21 May 2015 sets out a number of recommendations that, while mostly not new to the reform agenda, will be relevant to restructuring and insolvency professionals in the not-too-distant future.

    Filed under:
    Australia, Insolvency & Restructuring, Baker McKenzie, Debtor in possession
    Authors:
    David Walter , Peter Lucarelli
    Location:
    Australia
    Firm:
    Baker McKenzie
    ASIC data on corporate insolvencies
    2015-05-26

    The latest statistics on insolvency appointments (for the period January 1999 to March 2015) and companies entering external administration (for the period July 2013 to March 2015) have been released.

    Filed under:
    Australia, Insolvency & Restructuring, Allens
    Location:
    Australia
    Firm:
    Allens
    Is your committee of inspection validly appointed? The need for separate meetings of creditors and contributories
    2015-05-27

    In Re The Bell Group Ltd (in liquidation); Ex Parte Woodings [2015] WASC 88 (Bell) Pritchard J found that section 548 of the Corporations Act 2001 (Cth) required:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    David Porter
    Location:
    Australia
    Firm:
    Norton Rose Fulbright Australia
    Assets purchased by a bankrupt from his or her exempt income vest automatically in the bankruptcy trustee
    2015-05-28

    Di Cioccio v Official Trustee in Bankruptcy (as Trustee of the Bankrupt Estate of Di Cioccio) [2015] FCAFC 30

    Whether inconsistency between Div 4B of Pt VI, s 58(1)(b) in Div 4 of Pt IV and s 116 of Pt VI of the Bankruptcy Act 1966 (Cth)

    An appeal from the decision of Di Cioccio v Official Trustee in Bankruptcy [2014] FCA 782.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Bankruptcy, Vesting
    Authors:
    Andrea L Mapp
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Queensland Supreme Court considers the relationship between a disputed debt and a company’s solvency pursuant to section 459s of the Corporations Act 2001
    2015-05-29

    BACKGROUND

    Stephanie Roebuck As Executor Of The Deceased Estate Of Suzanne Florence Bulwinkel (Roebuck) served Bulwinkel Enterprises Pty Ltd (Bulwinkel) with a statutory demand for the payment of $990,377.63 monies owing in connection with an unpaid trust distribution and loan between the parties. 

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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