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    Administrators may be protected from liability in times of need
    2012-12-20

    The Federal Court of Australia in KASH Aboriginal Corporation ICN 108 (Administrators Appointed) No 2, held that, in certain circumstances, administrators may be granted protection from personal liability for debts incurred as part of the administration of a corporation.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia
    Firm:
    Buddle Findlay
    Legal update on Insolvency law - December 2018
    2018-12-13

    High Court orders the liquidation of CBL Insurance

    Filed under:
    Australia, Global, New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Buddle Findlay, HM Revenue and Customs (UK), Serious Fraud Office (UK)
    Location:
    Australia, Global, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Liquidators' and receivers' common interest privilege
    2016-06-30

    In 2014, Forge Group Construction Pty (Forge) went into liquidation.  Receivers were also appointed.  The Forge insolvency has already been the subject of litigation in the Australian courts in respect of certain Australian PPSA issues (see our previous summary here).

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Ex parte
    Authors:
    David Perry , Jan Etwell , Scott Abel , Scott Barker
    Location:
    Australia
    Firm:
    Buddle Findlay
    The dangers of wearing two hats
    2012-12-20

    A recent High Court judgment illustrates potential issues when the same liquidator(s) are appointed to Australian and New Zealand companies.

    Australian liquidators were appointed to the Cedenco group of companies, two of which were New Zealand companies and three Australian. They sought orders requiring delivery of documents and for the companies’ relationship manager at ANZ to attend for a second examination. One of the arguments against this was that the New Zealand companies' creditors were likely to be paid in full.

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay
    Bankruptcy Court entitled to go behind judgment
    2017-12-12

    In Ramsay Health Care Australia Pty Ltd v Compton, the High Court of Australia considered the Bankruptcy Court's discretion, under s52 of the Bankruptcy Act 1966 (Cth), to go behind a judgment to satisfy itself that a debt is truly owing before making a sequestration order against a debtor.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, United States bankruptcy court
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    Australia
    Firm:
    Buddle Findlay
    Expenses of a trustee in liquidation
    2016-03-31

    The sole role of ICS, the company at issue in the recent decision of the New South Wales Supreme Court in In the matter of Independent Contractor Services (Aust) Pty Ltd (in liquidation) (No 2) [2016] NSWSC 106, was to be the trustee of the similarly named ICS Trust.  Previous litigation had confirmed that the trust was not a sham and that all ICS's assets were trust assets.  In the present decision, the judge held that all expenses incurred by ICS were expenses incurred as trustee, and therefore ICS (and the liquidator) had a right to be indemnified for those e

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    Australia
    Firm:
    Buddle Findlay
    All the bells and whistles
    2012-11-07

    As noted in our recent insolvency law update, the Western Australian Court of Appeal has recently delivered its judgment (comprising over 1,000 pages) on one of Australia's longest running pieces of litigation: Westpac Banking Corporation v The Bell Group (in liq) [No 3].

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Bond (finance), Fiduciary, Liquidation, Debenture
    Location:
    Australia
    Firm:
    Buddle Findlay
    Latest Update in the Wells Fargo, Willis and Virgin Australia Case - The Appeal to the High Court of Australia
    2021-12-07

    On 4 November 2021, the High Court of Australia heard the arguments put forward by Wells Fargo Trust Company, National Association and Willis Lease Finance Corporation, together Wells Fargo, and the administrators (the Administrators) of the Virgin Australia Airlines group, which entered into administration on 20 April 2020. The dispute primarily concerned who should pay for the redelivery of four aircraft engines capable of being used on B737s (the Engines) to the lease redelivery location in Florida.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Mayer Brown, High Court of Australia
    Authors:
    Barry Cosgrave , Christopher Street , Hannah Davies
    Location:
    Australia
    Firm:
    Mayer Brown
    HETA ASSET RESOLUTION AG: Austrian Financial Market Authority imposes temporary debt moratorium
    2015-03-11

    By an ordinance (Mandatsbescheid) issued on March 1, 2015, the Austrian Financial Market Authority (“FMA”) has initiated the resolution of HETA ASSET RESOLUTION AG (“HETA”). HETA is the “bad bank” that was established to assume and manage large parts of the Austrian Bank Hypo-Alpe-Adria, which was required to be resolved in accordance with EU regulations. HETA is 100 percent owned by the Republic of Austria, and it currently manages assets worth approximately EUR 18 billion.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Mayer Brown
    Authors:
    Dr. Simon G. Grieser
    Location:
    Australia
    Firm:
    Mayer Brown
    First major PPSA decision - perfection is key!
    2013-07-02

    Dispute is one of priority, not ownership.

    The first judgment regarding a major Personal Property Securities Act ("PPSA") priority dispute between a bank with a perfected "General Security Agreement" and an equipment owner with an unperfected "PPS Lease" has been handed down.

    The decision in Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors  highlights three key issues for the insolvency industry:

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Maria O'Brien , David Walter , Heather Sandell
    Location:
    Australia
    Firm:
    Baker McKenzie

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