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    Court of Appeal summaries (August 8, 2022 - August 12, 2022)
    2022-08-13

    Good afternoon. Here are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 8, 2022.

    Filed under:
    Canada, Ontario, Banking, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Blaney McMurtry LLP, Bankruptcy, Insolvency, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Trying to pull a fast one: An attempt to use family law orders to defeat creditors
    2022-06-08

    Family law processes cannot be used to defraud creditors. In Re ZH International Pty Ltd (in liq), the Supreme Court of New South Wales held that transfers of property from a company to the directors and shareholders of that company as part of family law proceedings were voidable transactions under section 588FF of the Corporations Act 2001 (Cth) where the company was not a party to the orders and the orders did not require the company to make the transfers.

    Background

    Filed under:
    Australia, Company & Commercial, Family, Insolvency & Restructuring, Litigation, Gadens, Corporations Act 2001 (Australia)
    Authors:
    Scott Couper
    Location:
    Australia
    Firm:
    Gadens
    A Divorce Lawyer's Guide to the Illinois Fraudulent Transfer Act
    2022-05-20

    Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hedes assets. Never fear - the Illinois Uniform Fraudulent Transfer Act may be the answer.

    Filed under:
    USA, Illinois, Family, Insolvency & Restructuring, Schwartz & Kanyock LLC
    Location:
    USA
    Firm:
    Schwartz & Kanyock LLC
    Court of Appeal summaries (may 2, 2022 - may 6, 2022)
    2022-05-06

    Good evening.

    Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 2nd, 2022.

    In Poirier v. Logan, the Court upheld the permanent stay of an action for failure to disclose a partial settlement agreement with some of the defendants.

    Filed under:
    Canada, Ontario, Family, Insolvency & Restructuring, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy, Coronavirus
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    The Trustee, The Creditor, And The Divorce: Setting Aside Transactions Made In Ancillary Relief Proceedings
    2022-05-04

    Introduction

    1. Covid-19 has posed unprecedented challenges worldwide. Social isolation, confinement measures, spousal hygiene and money (or lack thereof due to unemployment) have been sources of many soured relationships. As such, the pandemic’s impact on people’s personal relationships and finances have become inadvertent fuel for divorce and bankruptcy cases.

    2. It is no surprise that local law firms are handling an uptick in divorce cases and receiving more enquiries related to divorce.

    Filed under:
    Hong Kong, United Kingdom, Family, Insolvency & Restructuring, Litigation, Pantheon Chambers, Coronavirus, Court of Appeal of England & Wales, Court of First Instance (Hong Kong)
    Authors:
    Isaac Yung
    Location:
    Hong Kong, United Kingdom
    Firm:
    Pantheon Chambers
    Court of Appeal summaries (March 21, 2022 - March 25, 2022)
    2022-03-26

    Good afternoon.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of March 21, 2022.

    Areas of law covered in the cases this week included bankruptcy and insolvency (setting aside discharge from bankruptcy and after-acquired property), municipal liability for building inspections, two child protection decisions, guarantees and a partnership dispute.

    Wishing everyone an enjoyable weekend.

    Table of Contents

    Civil Decisions

    Filed under:
    Canada, Ontario, Company & Commercial, Family, Insolvency & Restructuring, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy, Force majeure, Coronavirus
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Pitfalls of international trust structures as asset protection vehicles
    2022-01-28

    The judgment in the much-publicised case of Akhmedovav Akhmedov & Ors[i] in April 2021 is a telling example of where the English Courts have exercised wide-reaching statutory powers to set aside or vary dispositions on trust with extra-territorial effect, notwithstanding the assets are held by offshore trustees, outside the Court’s j

    Filed under:
    United Kingdom, Family, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Charles Russell Speechlys
    Authors:
    Oliver Auld
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Court of Appeal summaries (September 13 - September 17, 2021)
    2021-09-17

    Good evening.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 13, 2021.

    Filed under:
    Canada, United Arab Emirates, Ontario, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy
    Authors:
    John Polyzogopoulos
    Location:
    Canada, United Arab Emirates
    Firm:
    Blaney McMurtry LLP
    Creditor has standing to pursue s 79A application after debtor discharged from bankruptcy
    2021-08-30

    An appeal against a decision to summarily dismiss the appellant’s application to have consent orders set aside has been allowed, after the Full Court found that the appellant was no longer a person affected by the consent orders.

    Filed under:
    Australia, Family, Insolvency & Restructuring, Litigation, Wolters Kluwer Asia-Pacific
    Location:
    Australia
    Firm:
    Wolters Kluwer Australia
    Civil Fraud Quarterly Round-Up: Q2 2021
    2021-07-29

    This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period April - June 2021.

    CONTEMPT OF COURT

    Filed under:
    United Kingdom, Family, Insolvency & Restructuring, Litigation, White Collar Crime, Kingsley Napley, Bribery, Injunction, Fiduciary, Abuse of process, Mediation, Contempt of court, HSBC
    Authors:
    Mary Young
    Location:
    United Kingdom
    Firm:
    Kingsley Napley

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