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    All not lost: Court allows amendment to correct the naming of the plaintiff
    2022-02-04

    This week’s TGIF considers the decision of Wallace (Liquidator), in the matter of Avestra Asset Management Ltd (In Liq) v Dempsey [2021] FCA 1643 in which the Court granted liquidators leave to amend their pleading following a mistake in the naming of the plaintiff.

    Key Takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 17 December 2021 - No second chances: The Court’s discretion to revive companies in winding up
    2021-12-10

    This week’s TGIF considers the recent ruling of the Queensland Supreme Court in Re Gulf Aboriginal Development Company Ltd[2021] QSC 310, where the Court dismissed an application to terminate the winding up of Gulf Aboriginal Development Company Limited (Gulf).

    Key Takeaways

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Queensland Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 10 December 2021 - When can liquidators use partnership assets to satisfy creditors’ claims?
    2021-12-10

    This week’s TGIF considers a recent decision that provides guidance on how and when a liquidator can sell partnership assets held by an insolvent corporate partnership manager to satisfy creditors’ claims.

    Key Takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 3 December 2021 - Liquidators and long-term contracts: the importance of court approval
    2021-12-03

    This week’s TGIF considers the recent Federal Court decision in Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods [2021] FCA 1402, where liquidators sought Court approval to enter a long-term settlement agreement.

    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 19 November 2021 - Catch 22: Court allows share transfer by administrator without owner consent
    2021-11-19

    This week’s TGIF considers In the matter of Habibi Waverton (in liquidation) (administrator appointed) [2021] NSWSC 1443, a recent decision of the Supreme Court of NSW in which the Court opted to use its general powers to allow a voluntary administrator to transfer shares without the owner’s consent to implement a DOCA.

    Key Takeaways

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Deed of company arrangement, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 29 October 2021 - Changing hats: receiver becomes liquidator despite shareholder challenge
    2021-10-29

    This week’s TGIF considers

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Shareholder, Liquidator (law), Winding-up, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 22 October 2021 - Submitted for your approval: Entry into post-liquidation agreements
    2021-10-22

    This week’s TGIF considers a recent decision of the Federal Court of Australia in Re Aviation 3030 Pty Ltd (in liq) [2021] FCA 1244 on section 477(2B) of the Corporations Act 2001 (Cth) (Corporations Act) and approval of a liquidator’s proposal to enter into a settlement agreement with obligations that extend beyond three months.

    Key Takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Deed, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Australian Securities and Investments Commission, Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    TGIF 15 October 2021 - Federal Court finds company was ‘insolvent’ under a contract despite trading six years later
    2021-10-15

    This week’s TGIF considers a recent decision of the Federal Court where a company was found to be ‘insolvent’ for the purposes of assessing breach and termination of a contract, despite its subsequent survival and ongoing trading.

    Key Takeaways

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Liquidating a former trustee: what to do when there is no power to sell the assets
    2021-10-08

    This week’s TGIF looks at In the matter of Gary John Anderson in his capacity as liquidator of G & G Contractors Pty Ltd (In Liquidation) [2021] FCA 1185, the latest of a line of Federal Court decisions confirming the approach to be taken by liquidators of trustee companies that have ceased to be trustees as a result of going into liquidation.

    Key Takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Asset management, Debt relief, Liquidation, Secured creditor, Liquidator (law), Creditors' rights, Corporations Act 2001 (Australia), Federal Court of Australia, Trustee
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Quit horsing around: leave to proceed against court-appointed liquidator denied
    2021-10-01

    This week’s TGIF considers a decision of the Supreme Court of New South Wales on whether leave should be granted for proceedings against a court-appointed liquidator personally.

    Key Takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Office of Fair Trading, New South Wales Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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