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    Third party payments - have you received an unfair preference?
    2017-07-21

    This week’s TGIF examines a recent decision of the Supreme Court of New South Wales which considered whether payments made by a third party to a company’s creditors could be recovered as unfair preferences.

    What happened?

    On 2 September 2015, liquidators were appointed to a building and construction company (the Company) and later commenced proceedings against eight defendants for the recovery of payments considered to be unfair preferences.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Federal Court of Australia
    Authors:
    Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Kimmins , Sam Delaney , Estelle Blewett , Michelle Dean , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court imposes travel ban on director
    2022-07-01

    This week’s TGIF considers Arnautovic v Qaqour [2022] FCA 726 in which the Federal Court of Australia ordered a director of a company in liquidation to surrender his passport and prohibited him from travelling outside of NSW without the Court’s prior consent.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 15 November 2019: Indemnified! GPLs avoid personal liability following failed opposition to SPLs appointment
    2019-11-15

    This week’s TGIF considers a recent Federal Court decision where the Court found a company’s general purpose liquidators had not acted unreasonably in opposing an application that special purpose liquidators also be appointed.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Federal Court of Australia
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Does a bankrupt beneficiary’s effective control of a discretionary trust transform their interest into property?
    2017-03-24

    This week’s TGIF considers Fordyce v Ryan & Anor; Fordyce v Quinn & Anor [2016] QSC 307, where the Court considered whether a beneficiary’s interest in a discretionary trust amounted to ‘property’ for the purposes of the Bankruptcy Act 1966 (Cth).

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Shareholder, Interest, Beneficiary, Liquidation, Vesting, Discretionary trust, Bénéfice, Federal Court of Australia, Trustee
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court agrees with Administrators’ decision to reduce a $5 million proof of debt to one dollar
    2022-06-17

    In a recent decision of the Federal Court of Australia (Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2022] FCA 630), administrators were held to have validly admitted a $5 million claim for a nominal value of one dollar.

    The case is a timely reminder of the importance of appropriately evidencing debts, particularly for the purposes of creditors meetings to determine next steps.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 1 November 2019: All aboard the mothership: Federal Court cures procedural irregularity in mothership proceeding
    2019-10-25

    This week’s TGIF considers the decision in Dudley (Liquidator) v RGH Construction Fitout & Maintenance Pty Ltd (No 2) [2019] FCA 1355, where the Court exercised its discretion to cure a procedural irregularity in a mothership proceeding.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Financial Conduct Authority (UK), Federal Court of Australia
    Authors:
    Cameron Cheetham , Craig Ensor , Felicity Healy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michael Kimmins , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    To stay or not to stay? Stay and suspension of enforcement proceedings in cross border insolvencies
    2016-12-09

    This week’s TGIF considers Tai-Soo Suk v Hanjin Shopping Co Ltd [2016] FCA 1404 in which the Court was required to determine the scope of a stay arising under the UNCITRAL Model Law on Cross Border Insolvency.

    BACKGROUND

    A Korean shipping company was subject to ‘rehabilitation’ proceedings in Korea. Rehabilitation proceedings seek to ‘rehabilitate’ insolvent debtors by restructuring their debt pursuant to a rehabilitation plan approved by the creditors and the Rehabilitation Court.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor, Debt, Liquidation, Admiralty law, Corporations Act 2001 (Australia), UNCITRAL, Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court imposes travel ban on director
    2022-07-01

    This week’s TGIF considers Arnautovic v Qaqour [2022] FCA 726 in which the Federal Court of Australia ordered a director of a company in liquidation to surrender his passport and prohibited him from travelling outside of NSW without the Court’s prior consent.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 18 October 2019: Genie in a bottle: Federal Court grants creditors’ wish for special purpose liquidators
    2019-10-18

    This week’s TGIF considers the Federal Court’s decision of In the matter of Boka Beverages Pty Ltd (In Liquidation) [2019] FCA 1184, regarding an application for the appointment of special purpose liquidators.

    What happened?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Australian Securities and Investments Commission, Federal Court of Australia
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    When is a judgment debt not a judgment debt?
    2016-09-02

    This week’s TGIF considers the case of Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, where the Court exercised its power to “go behind” a judgment upon which a petitioning creditor relied as proof of a debt that was owed.

    WHAT HAPPENED?

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Debtor, Debt, Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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