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    More Paine for Insurers of Insolvent Companies: Insurers joined to proceeding in anticipation of directors’ potential bankruptcy
    2022-05-27

    The liquidators of a company successfully applied to join the insurers of the directors of an insolvent company to court proceedings.

    In Issue

    As part of a claim against a company’s directors for insolvent trading, it became apparent that should the directors be found liable, they would be unable to pay the damages sought, and would become bankrupt. The liquidator brought an interlocutory application to join the company’s insurers that provided management liability cover in the relevant period, pursuant to of s117 of the Bankruptcy Act 1966 (Cth).

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Barry Nilsson, Bankruptcy, Corporations Act 2001 (Australia)
    Authors:
    William Harris
    Location:
    Australia
    Firm:
    Barry Nilsson
    Bankruptcy in family law proceedings
    2020-04-23

    Personal bankruptcy can significantly impact a family law matter and it is important that parties are aware of the potential consequences. By way of general summary only:

    What are the implications of bankruptcy?

    If you or your former spouse / former de facto partner become bankrupt:

    Filed under:
    Australia, Employee Benefits & Pensions, Family, Insolvency & Restructuring, Litigation, Barry Nilsson
    Authors:
    Amelia Beveridge
    Location:
    Australia
    Firm:
    Barry Nilsson
    Insolvent insured no barrier to suing its insurers - Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Strikes Again
    2018-03-09

    In Issue

    Whether the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Act) could be invoked to join the insurers of an insolvent company to a representative proceeding.

    The Background

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Barry Nilsson
    Authors:
    Belinda Randall
    Location:
    Australia
    Firm:
    Barry Nilsson
    Non-Disclosure & Misrepresentation under the Insurance Contracts Act 1984 (Cth)
    2017-02-06

    Whether an insured had misrepresented and/or failed to disclose to an insurer that its professional services encompassed directors and officers services.

    In Issue

    • Non-Disclosure and misrepresentations by insureds
    • Consideration of sections 21 and 26 of the Insurance Contracts Act 1984 (Cth)

    The Background

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Barry Nilsson, Misrepresentation, Liquidator (law)
    Location:
    Australia
    Firm:
    Barry Nilsson
    Is an owner able to terminate a lease when a tenant has entered into a Deed of Company Arrangement (DOCA)?
    2016-01-21

    With the number of companies entering external administration on the rise and the crucial post-Christmas retail trading period nearing an end, it is important for owners to ensure that they fully understand what rights they have to terminate a lease and recover unpaid rent if a tenant goes into external administration and its creditors then vote to enter into a Deed of Company Arrangement (DOCA).

    If a tenant is in arrears and a DOCA is in place, can an owner exercise its contractual right to terminate the lease?

    Filed under:
    Australia, Insolvency & Restructuring, Real Estate, Barry Nilsson
    Location:
    Australia
    Firm:
    Barry Nilsson
    So my spouse has gone bankrupt… what happens next?
    2015-10-23

    Since the Global Financial Crisis it has been increasingly common for parties involved in property settlement disputes to be fighting over property with a net negative value or, in extreme cases, for one party to be declared bankrupt.

    Despite common perception, a spouse being declared bankrupt in the middle of court proceedings for property settlement does not automatically end the proceedings or mean that the bankrupt’s assets are put out of reach of the other spouse in a property settlement.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Barry Nilsson, Bankruptcy, Division of property
    Authors:
    Scott Wedgwood
    Location:
    Australia
    Firm:
    Barry Nilsson
    Liquidator's power to disclaim a lease confirmed
    2014-01-14

    The High Court has recently confirmed in Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed) (In Liquidation) that a liquidator of a landlord company has power to disclaim a lease, thereby terminating the landlord’s liabilities and the tenant’s rights under the lease.

    Following such a disclaimer, the tenant would then be left to prove its loss as an unsecured creditor in the winding up of the landlord company.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Barry Nilsson
    Location:
    Australia
    Firm:
    Barry Nilsson
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