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    TGIF 17 December 2021 - No second chances: The Court’s discretion to revive companies in winding up
    2021-12-10

    This week’s TGIF considers the recent ruling of the Queensland Supreme Court in Re Gulf Aboriginal Development Company Ltd[2021] QSC 310, where the Court dismissed an application to terminate the winding up of Gulf Aboriginal Development Company Limited (Gulf).

    Key Takeaways

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Queensland Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 9 July 2021 - By your leave? Principles for leave to sue companies in liquidation clarified
    2021-07-09

    This week’s TGIF considers the decision of Palace v RCR O’Donnell Griffin Pty Ltd (in liq)[2021] QCA 137, in which the Queensland Court of Appeal provided useful guidance on the principles to be applied when a party seeks leave under section 500(2) of the Corporations Act 2001 (Cth) to bring proceedings against a company in liquidation.

    Key Takeaways

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 18 December 2020 - Good can be better than perfect: Supreme Court advises Octaviar liquidators on proposed settlement
    2020-12-18

    This week’s TGIF considers the most recent case involving the Octaviar group of companies where the Supreme Court gave judicial advice to liquidators of related companies within the Octaviar group regarding a proposed settlement.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 21 August 2020 - Time is money - extending convening periods in light of COVID-19
    2020-08-21

    This week’s TGIF considers a recent decision of the Federal Court which demonstrates that, irrespective of the COVID-19 landscape, the Court will continue to support administrators acting to maximise a return for creditors and stakeholders.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Coronavirus, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 17 April 2020: Not so business as usual - administrators relieved of personal liability for rent during the COVID-19 pandemic
    2020-04-17

    This week’s TGIF considers the decision in Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 where the Federal Court made orders absolving the administrators of retailer Colette from personal liability for rent for a two week period, due to the COVID-19 pandemic.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Landlord, Coronavirus, Commercial tenant
    Authors:
    Cameron Cheetham , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , James Lucek-Rowley , Mark Wilks
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 22 November 2019: No trust deed? Not always a problem - The Supreme Court of NSW gives directions to a liquidator to sell trust property
    2019-11-15

    This week’s TGIF considers a recent application by a liquidator to the NSW Supreme Court for directions regarding the sale of trust property where the trust deed could not be found.

    Background

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Trust law, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 19 July 2019: Firm Restraint: Bankrupt stalls examination to restrain liquidators’ solicitors from acting
    2019-07-19

    This week’s TGIF considers a recent application for injunctive relief by a bankrupt to restrain liquidators who initiated his examination from continuing to retain their lawyers, given the firm had previously represented the examinee.

    What happened?

    On 8 August 2016, Richard Nash became bankrupt, on his own petition, and was later served with a summons for examination and orders for the production of books and records.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Victoria Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Felicity Healy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    The man, the myth, the Legend: Court unravels insolvent transactions
    2019-03-01

    This week’s TGIF considers Re Legend International Holdings Inc (In liq) [2018] VSC 789, the next chapter in the story of Legend International Holdings Inc, where the Court found a company to be insolvent on the basis of a foreign debt.

    Filed under:
    Australia, USA, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Delaware General Corporation Law, Victoria Supreme Court
    Authors:
    Felicity Healy , Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole
    Location:
    Australia, USA
    Firm:
    Corrs Chambers Westgarth
    The Substance and the Gist - can a director waive privilege on behalf of a company in liquidation?
    2018-06-01

    This week’s TGIF considers QBH Commercial Enterprises Pty Ltd (In liq)v Dalle Projects Pty Ltd & Ors [2018] VSC 171 in which the Court considered whether privilege can be waived by a director of a company in liquidation.

    What happened?

    QBH Commercial Enterprises (QBH) was placed into liquidation on 22 February 2018.

    Filed under:
    Australia, Insolvency & Restructuring, Corrs Chambers Westgarth
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Sam Delaney , Estelle Blewett , Michelle Dean , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Insolvency reform: stay of “Ipso Facto” provisions will provide breathing space for companies facing insolvency
    2017-12-12

    The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (the Act) received royal assent on 18 September 2017.

    Filed under:
    Australia, Insolvency & Restructuring, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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