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    TGIF 20 March 2026 - Federal Court rejects good faith defence to unfair preference claims
    2026-03-20

    This week's TGIF considers Kirk (in his capacity as liquidator of ARG Workforce Pty Ltd (in liq)) v Commissioner of State Revenue, in the matter of ARG Workforce Pty Ltd[2026] FCA 192(Kirk). In this case, the Federal Court (the Court) held that amounts paid to the Queensland Revenue Office (QRO) were unfair preferences.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    Michelle Dean , Andrew Johnson
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    IN A (STRAWBERRY) JAM: DIRECTORS’ PERSONAL LIABILITY FOR INSOLVENT TRADING
    <br>
    2026-03-06

    In December 2025, the Supreme Court of Queensland delivered a judgement which probably hasn’t received the attention it deserves. In Star Recruitment Service Pty Ltd v Smith [2025] QSC 334 the court considered the proper construction of the coronavirus-era safe harbour defence in s 588GAAA of theCorporations Act 2001 (Cth) (Act).

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Bird & Bird, Corporations Act 2001 (Australia)
    Authors:
    Masi Zaki , Tara Peramatukorn
    Location:
    Australia
    Firm:
    Bird & Bird
    A Practical Guide to Standstills for Distressed Companies
    2026-02-12

    When a company is in financial distress, creditors must consider whether to place the company into a formal external administration process. If they do so, the publicity and disruption that accompany a formal appointment may worsen an already fragile situation. Conversely, if no action is taken, the company may continue to burn cash, leaving creditors with little or no prospect of recovery.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Ironbridge Legal, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Court guidance on the meaning of ‘true employer’ for the purposes of the external administration provisions of the Corporations Act 2001
    2026-02-04

    The Supreme Court of New South Wales has provided guidance as to the meaning of “true employer” for the purposes of the external administration provisions of the Corporations Act 2001 (Cth) (the Act) in In the matter of Mosaic Brands Limited (administrators appointed) (receivers and managers appointed) [2025] NSWSC 959. The decision is important for liquidators and receivers of large corporate group where there are individual trading and employing entities and funds have been recovered from circulating assets.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Maddocks, Corporations Act 2001 (Australia)
    Authors:
    Marelda Hibberd , Mathew Gashi
    Location:
    Australia
    Firm:
    Maddocks
    From Construction Defects to DOCA: How Proofs of Debt Shape Creditor Outcomes
    2026-01-19

    Introduction

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Liquidation, Financial services, Compliance, Corporations Act 2001 (Australia)
    Authors:
    Blake Shaw
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    NSW Supreme Court Clarifies Director Liability and the Limits of the section 588FG Defence in Deposit-Funded Property Transactions
    2025-12-23

    The Supreme Court of New South Wales has clarified the circumstances in which a liquidator may recover deposit funds paid to a third party and the extent to which a counterparty may rely on the good-faith defence under section 588FG of the Corporations Act 2001 (Cth).

    Filed under:
    Australia, Canada, China, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, China, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Winding Up a Foreign Company in Australia
    2025-12-18

    Successful outcomes for clients seeking to obtain winding up orders against foreign companies with local agents. The case summaries below, of Re Anagram International LLC (recs and mgrs apptd) [2025] VSC 267 and the earlier matter of W Capital Advisors Pty Ltd (in its capacity as trustee for the W Capital Advisors Fund) v Mawson Infrastructure Group, Inc (NSD1395/2024), provide guidance on how parties can best position themselves for success in these circumstances.

    Relevant Law

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, HFW, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Ali Abachi
    Location:
    Australia
    Firm:
    HFW
    When must a liquidator seek approval? Section 477(2B) and cost agreements
    1969-12-31
    Filed under:
    Australia, Insolvency & Restructuring, Litigation, KHQ Lawyers, Corporations Act 2001 (Australia)
    Authors:
    Jacqueline Wilcock , Kathryn Lechner , Paul Welling
    Firm:
    KHQ Lawyers
    Pay up, kick up or be wound up: the 411 on statutory demands
    2025-12-04

    Creditors’ statutory demands are a very powerful, and commonly used weapon by creditors.  They are cheap and easy to issue, and the consequences for not dealing with one appropriately can be extremely serious – i.e. liquidation.

    Because of this, the courts enforce strict compliance with the requirements imposed on a party seeking to rely on one, so creditors should ensure they are up to date on those requirements.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, KHQ Lawyers, Liquidation, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Jordan Diamantopoulos , Tamara Parker , Paul Welling
    Location:
    Australia
    Firm:
    KHQ Lawyers
    Court rejects Twinza creditors’ scheme of arrangement
    2025-12-03

    The Federal Court declined to approve a creditors' scheme of arrangement by Twinza Oil Limited (Twinza). The scheme, supported by all scheme creditors, proceeded on the assumption that the ordinary and preference shares were worthless.

    Key takeouts

    Filed under:
    Australia, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, MinterEllison, Corporations Act 2001 (Australia)
    Authors:
    Nick Anson , Michael Hughes
    Location:
    Australia
    Firm:
    MinterEllison

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