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    Setting aside transactions: the good faith defence
    2013-12-13

    In Madsen-Ries v Rapid Construction Ltd [2013] NZCA 489, the Court of Appeal considered an appeal concerning a liquidator's attempt to have a payment set aside. 

    Filed under:
    Australia, New Zealand, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Good faith, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Court approval of Bell settlement
    2013-11-29

    After nearly 20 years, the long running Bell litigation is almost over, with the Supreme Court of Western Australia having approved the settlement between the liquidators of the Bell group of companies and the syndicate of banks involved in the litigation (Re Bell Group (In Liq); Ex Parte Antony Leslie John Wooding as Liquidator of the Bell Group Ltd (In Liq) [2013] WASC 409).

    BACKGROUND

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Good faith, Liquidator (law)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Supreme Court highlights transitional security interest controversy
    2013-06-28

    There is a recognised ambiguity in the transitional provisions of the Personal Property Securities Act 2009 (Cth) (PPSA),relating to the issue of whether an ‘umbrella agreement’, governing the supply of goods on retention of title (RoT) terms entered into prior to 30 January 2012, will be an effective transitional security interest.

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Title retention clause
    Authors:
    David John , Richard May
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Key PPSA decision: NSWSC confirms vesting of unperfected lessor's interest following insolvency of lessee
    2013-07-01

    In the matter of Maiden Civil (P&E) Pty Ltd; 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 [2013] NSWSC 852

    Overview

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Collateral (finance), Interest
    Authors:
    David John , Sam Dundas
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    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:
    Howard Fraser , David Walter , Joanna Byers , Heather Sandell , Brian Lau
    Location:
    Australia
    Firm:
    Baker McKenzie
    A brave new world for businesses that lease or hire personal property
    2013-06-25

    The Personal Property Securities Act 2009 (Cth) (PPSA) came into effect on 30 January 2012 and has introduced major changes for businesses that lease or hire personal property. If you lease or hire personal property it is vital that you understand how the PPSA affects your business, including what additional steps you need to take to protect your property and the consequences for not doing so, especially as the PPSA’s transitional provisions will end shortly.

    What does the PPSA mean for your business?

    Filed under:
    Australia, Asset Finance, Banking, Insolvency & Restructuring, Real Estate, HopgoodGanim, Personal property
    Authors:
    Paul Cullen
    Location:
    Australia
    Firm:
    HopgoodGanim
    Supreme Court of New South Wales grants an extension of time to register a security interest, but subject to important conditions in in the matter of Cardinia Nominees Pty Ltd
    2013-02-28

    This is the second case in which the New South Wales Supreme Court has granted an extension of time for registration of a security interest on the Personal Property Securities Register where the delay is accidental or due to inadvertence.  However, the extension in this case was conditional firstly, by preserving the priority of another security interest which had been registered in the meantime and secondly, because there was insufficient evidence of the financial position of the grantor to establish that an extension was unlikely to prejudice other creditors or shareholde

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Liquidation
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    A summary of major developments in key areas
    2013-03-07

    The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and directors' remuneration in the last few months.

    Filed under:
    Australia, European Union, Indonesia, Myanmar, United Kingdom, Banking, Company & Commercial, Competition & Antitrust, Construction, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Tax, Telecoms, Trade & Customs, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Indonesia, Myanmar, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Recovering unpaid debts just got a bit easier
    2013-03-13

    Statutory demands are a quick and convenient way to prove a debtor company’s insolvency. But they’re sensitive creatures. There seems to be an endless list of potential defects to make the demand challenge-worthy.

    Luckily for creditors, a recent decision of the WA Court of Appeal means there is one less way for a demand to fail.

    The loan and the demand

    Garuda Aviation is a small WA operator that borrowed $27 million from CBA to buy a plane. The loan was secured by a mortgage over the plane.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, MARQUE Lawyers, Debt
    Authors:
    Nathan Mattock , Owen Davis
    Location:
    Australia
    Firm:
    MARQUE Lawyers
    When will segregated bank accounts be considered trust moneys?
    2013-03-15

    In the recent decision of Re Sports Alive Pty Ltd (in liquidation) [2013] VSC 69, the Supreme Court of Victoria dealt with questions referred to it by a liquidator in respect of segregated bank accounts which might either be available for costs and the general body of creditors or alternatively only for beneficiaries on whose behalf the trustee should have held funds.  It was accepted that the determination was essentially a question of fact, and in the face of ambiguous facts, the Court determined that the onus was on the beneficiaries and not the liquidator. 

    Filed under:
    Australia, Victoria, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Michael Kimmins , Kirsty Sutherland
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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