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    Trans-Tasman Proceedings Act order excludes enforcement of certain Australian insolvency judgments in New Zealand
    2013-09-30

    On 11 October 2013, the Trans-Tasman Proceedings regime will come into effect. The Trans-Tasman Proceedings Act 2010 aims to streamline the process for resolving Trans-Tasman civil proceedings, with the intention of reducing costs and improving efficiency in enforcing Australian judgments in New Zealand.

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Statutory demands (a must read alert)
    2013-10-01

    “A failure to respond to a statutory demand can have very serious consequences for a company. In particular, it may result in the company being placed in liquidation and control of the company passing to the liquidator of the company.”

    What would you do if you saw the notice above in a box prominently displayed at the top of a document addressed to your company claiming that money is due and owing and specifying that you take urgent action within 21 days?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Quinn & Scattini Lawyers, Debt, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Authors:
    Darrell Kake
    Location:
    Australia
    Firm:
    Quinn & Scattini Lawyers
    Priority payment to creditors of insurance proceeds obtained during a liquidation is subject to a liquidator’s remuneration for obtaining those proceeds
    2013-10-04

    In its recent judgment of Morgan,In the matter of Brighton Hall Securities Pty Ltd (in liquidation) [2013] FCA 970, the Federal Court of Australia determined that a liquidator is entitled to retain certain remuneration and other expenses from the proceeds of a claim under a professional indemnity insurance policy in preference to claimants, who would otherwise have a statutory priority under section 562 of the Corporations Act.

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Corrs Chambers Westgarth, Liquidation, Liquidator (law)
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Strict compliance with the Corporations Act mandatory for a section 560 subrogation claim
    2013-10-10

    Key Points:

    For a company to be entitled to subrogation under section 560, it must ensure that it meets the strict requirements of section 560 and does not pay entitlements directly to the relevant company's employees.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidation, Joint and several liability, Corporations Act 2001 (Australia)
    Authors:
    Paul James , Nick Poole , Peter Bowden
    Location:
    Australia
    Firm:
    Clayton Utz
    Why full disclosure is required in personal insolvency agreements
    2013-10-11

    In New Age Constructions (NSW) Pty Ltd v Etlis, in the matter of Etlis[2013] FCA 884, an unsecured creditor applied to set aside a Personal Insolvency Agreement (PIA)and also sought a sequestration order against the debtor’s estate.  The Federal Court considered whether the terms of the PIA were unreasonable or not calculated to benefit creditors generally.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    The ATO strikes back! … what is a jedi to do?
    2013-10-16

    The Tax Office (ATO) has received significant media attention recently and continues to feature regularly as an applicant in many of the ‘Winding Up’ proceedings before the Courts.  The majority of these proceedings are reflective of an aggressive strategy by the ATO to take strong action to recover outstanding debts.

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Quinn & Scattini Lawyers
    Authors:
    Darrell Kake
    Location:
    Australia
    Firm:
    Quinn & Scattini Lawyers
    Third Circuit recognizes Australian liquidation proceeding of ABC Learning Centres as foreign main proceeding under Chapter 15
    2013-09-19

    On August 27, 2013, in a case of first impression, the Third Circuit rejected an attack on a foreign liquidator’s petition for recognition of an Australian insolvency proceeding under Chapter 15 of the US Bankruptcy Code premised on the argument that the foreign proceeding violated US public policy.

    Filed under:
    Australia, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Hunton Andrews Kurth LLP, Debtor, Liquidation, Liquidator (law), Title 11 of the US Code, Third Circuit
    Location:
    Australia, USA
    Firm:
    Hunton Andrews Kurth LLP
    ITSA has been renamed AFSA
    2013-09-19

    From 15 August 2013, the Insolvency & Trustee Service Australia (ITSA) will now be known as the Australian Financial Security Authority (AFSA). The name change is thought to better capture the breadth of the services administered by the authority, but the services remain the same, namely, the administration and regulation of Australia’s personal insolvency system and the administration of the Personal Property Securities Register.

    Filed under:
    Australia, Insolvency & Restructuring, Gilbert + Tobin
    Authors:
    Rachel Launders , Jane Hogan , Sally Randall
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Voidable transactions, voluntary liquidation and very important dates
    2013-09-20

    Recently the Full Federal Court, in the decision ofCBA Corporate Services (NSW) Pty Limited v Walker and Moloney, in the matter of ZYX Learning Centres Limited (receivers and managers appointed) (in liq) [2013] FCAFC 74, confirmed a number of important principles for Liquidators to consider when making an application to wind up a company in insolvency under section 459A of the Corporations Act 2001 (Cth) (the Act).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Liquidation, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Jessica Patrick , Alicia Hill
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    The early bird gets the worm: tax office recovers debt before foreign creditors
    2013-09-20

    The recent decision of Ackers (as joint foreign representative) v Saad Investments Company Limited; In the matter of Saad Investments Company Limited (in official liquidation) [2013] FCA 738 held that the UNCITRAL Model Law on Cross Border Insolvency did not prevent the Court from making provision for pari passu payment of local tax debts and penalties from a debtor’s local assets before remitting them to the debtor’s centre of main interests (being “the place the debtor conducts the administration of his interests on a regular basis and is, therefore, ascertainable by third parties”).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Tax, McInnes Wilson Lawyers, Debt, Liquidation, Liquidator (law), UNCITRAL
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers

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