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    Special purpose administrators – who needs them?
    2012-11-26

    In a recent decision[1] the Supreme Court of Western Australia was asked, pursuant to section 447A of the Corporations Act 2001 (Cth), to appoint a special purpose administrator to cure a perceived conflict of interest between a company (in administration) and the original administrator appointed to the company.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Holding Redlich, Conflict of interest, Corporations Act 2001 (Australia)
    Authors:
    Chris Brodrick
    Location:
    Australia
    Firm:
    Holding Redlich
    Litigation for groups in liquidation
    2010-07-29

    Law clerk, Myles Engelen, discusses the decision of the Supreme Court of New South Wales, in McGrath & Anor re HIH Insurance Ltd approving a proposal to use excess assets of some members of the group to fund claims by the group members.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman, Conflict of interest, Confidentiality, Shareholder, Fiduciary, Interest, Liquidation, Balance sheet, Liquidator (law), Australian Prudential Regulation Authority, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    Blaneys Ontario Court of Appeal Summaries
    2017-10-08

    Good evening.

    Below are the summaries of this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, White Collar Crime, Blaney McMurtry LLP, Conflict of interest, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Wind-Downs, Retainers and Releases: The Ontario Court of Appeal Decision in Trillium Motor World
    2017-07-06

    ​The Ontario Court of Appeal released its much anticipated decision on the appeals taken from the trial decision of Justice McEwen in Trillium Motor World Ltd. v. Cassels Brock & Blackwell LLP et al.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Law Firm Management, Litigation, Borden Ladner Gervais LLP, Conflict of interest, Court of Appeal for Ontario
    Authors:
    Bevan Brooksbank
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court of Appeal confirms accounting firms may take on multiple mandates for the same company
    2017-06-14

    The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates in respect of companies that may or do become insolvent inWabush Hotel Limited v Business Development Bank of Canada, 2017 NLCA 35 (“Wabush Hotel”), which was released on May 25, 2017.

    This case provides additional comfort to such firms that previous consulting or review engagement work will not prohibit them from acting in a receivership role in later insolvency proceedings.

    Background

    Filed under:
    Canada, Newfoundland and Labrador, Banking, Insolvency & Restructuring, Litigation, Stewart McKelvey, Conflict of interest, Bankruptcy, Debtor, Interest, Default (finance), Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joe Thorne , Meaghan McCaw
    Location:
    Canada
    Firm:
    Stewart McKelvey
    Channel Ten, ‘Potential’ Administrators and Conflicts of Interest
    2017-09-05

    Does a potential administrator’s involvement in pre-administration contingency planning give rise to a conflict of interest, such that the potential administrator should be disqualified from accepting the formal appointment?

    Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 914

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Conflict of interest, Debt restructuring, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    No conflict of interest for special purpose liquidators despite involvement in contractual compliance audit
    2016-12-13

    In State of Victoria v Goulburn Administration Services (In Liquidation) & Ors [2016] VSC 654, the Victoria Supreme Court appointed two partners of Ernst & Young (EY) as special purpose liquidators (SPLs) of two companies, despite EY's involvement in carrying out contractual compliance audits before those companies went into liquidation.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Buddle Findlay, Conflict of interest, Audit, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Susan Rowe , Peter Niven , David Perry , Bridie McKinnon , Kelly Paterson , Jan Etwell , Scott Barker , Scott Abel , Willie Palmer , Myles O'Brien
    Location:
    Australia
    Firm:
    Buddle Findlay
    Class action settlements - just when you thought it was over…
    2016-04-28

    The Federal Court of Australia in Kelly v Willmott Forests Ltd (in liquidation) (No 4) [2016] FCA 323 rejected an application for approval of settlement under s 33V of the Federal Court of Australia Act 1976 (Cth), confirming that the Court’s role is akin to a ‘guardian’ for the group members.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, William Roberts Lawyers, Conflict of interest, Class action, Federal Court of Australia
    Authors:
    Bill Petrovski
    Location:
    Australia
    Firm:
    William Roberts Lawyers
    What does it take to oust a liquidator?
    2016-03-31

    In the recent case of Queensland Mining Corporation Ltd v Butmall Pty Ltd (in liq), the Court held that the liquidators' relationship with a major creditor of the company in liquidation (Butmall) did not per se amount to a conflict of interest. 

    Butmall applied to have its liquidators removed as they were the auditors of its major creditor (QMC), against whom Butmall purported to have considerable counterclaims.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Conflict of interest
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell , Scott Abel
    Location:
    Australia
    Firm:
    Buddle Findlay
    Special purpose liquidators: a tool in the creditor’s toolbox
    2015-09-30

    A recent case[1] is a reminder to creditors in a voluntary winding up that the Court has the power to appoint an additional or special purpose liquidator (SPL) to carry out a set function in the orderly liquidation of a company where it is 'just and beneficial' to do so.

    What is a special purpose liquidator?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Bartier Perry, Conflict of interest, Liquidator (law)
    Authors:
    Gavin Stuart , Elias Yamine
    Location:
    Australia
    Firm:
    Bartier Perry

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