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    “All for one and one for all” : creditor successfully appoints SPLs to undertake tasks only it is willing to fund
    2017-03-10

    This week’s TGIF considers a decision of the Victorian Supreme Court which examined the merits of appointing special purpose liquidators in circumstances where a creditor was only willing to fund investigations if the appointment was made.

    What happened?

    In May and June 2016, two registered education and training organisations (together, the RTOs) were placed into liquidation.

    Filed under:
    Australia, Victoria, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Consideration, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court approval of Bell settlement
    2013-11-29

    After nearly 20 years, the long running Bell litigation is almost over, with the Supreme Court of Western Australia having approved the settlement between the liquidators of the Bell group of companies and the syndicate of banks involved in the litigation (Re Bell Group (In Liq); Ex Parte Antony Leslie John Wooding as Liquidator of the Bell Group Ltd (In Liq) [2013] WASC 409).

    BACKGROUND

    Filed under:
    Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Good faith, Liquidator (law)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court approves liquidator’s funding and preserves confidentiality
    2022-03-04

    This week’s TGIF considers Thorn (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2022] FCA 143 in which a liquidator sought approval to enter agreements to pursue litigation and suppression orders to protect the disclosure of commercially sensitive details.

    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
    Setting aside DOCAs and exercising the casting vote
    2016-08-05

    This week’s TGIF considers Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products Pty Ltd (Administrators Appointed) [2016] FCA 848 which considers setting aside a DOCA and the administrator’s casting vote.

    FACTS OF THIS CASE

    After complex litigation with Britax, Infa Products lost the case and as a direct consequence, appointed administrators.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Breach of contract, Board of directors, Deed, Liquidation, Voting, Liquidator (law), Prejudice, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    When the exercise of a casting vote can breach a liquidator’s fiduciary duty
    2013-11-22

    BACKGROUND

    The company P Hindle & Co Pty Ltd (WA) was placed in liquidation in 2008. Mr Huxtable was appointed as liquidator of the company (Liquidator). The Liquidator acted as chairperson at a meeting of creditors in late 2010 where 4 out of a potential 161 creditors attended.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Fiduciary, Liquidator (law)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    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
    The best of times, the worst of times
    2016-06-07

    The recent decision of the New South Wales Supreme Court in Independent Contractor Services (Aust) Pty Limited ACN 119 186 971 (in liquidation) (no 2) [2016] NSWSC 106 found that the statutory scheme of priority does not apply to realisations from circulating trust assets. This decision has potentially profound impacts for both employees and secured creditors in the context of both liquidations and receiverships.

    A summary of the case

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Corrs Chambers Westgarth, Wage, Beneficiary, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Australian Taxation Office, Trustee
    Authors:
    Matthew Critchley , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Priority payment to creditors of insurance proceeds obtained during a liquidation is subject to a liquidator’s remuneration for obtaining those proceeds
    2013-10-04

    In its recent judgment of Morgan,In the matter of Brighton Hall Securities Pty Ltd (in liquidation) [2013] FCA 970, the Federal Court of Australia determined that a liquidator is entitled to retain certain remuneration and other expenses from the proceeds of a claim under a professional indemnity insurance policy in preference to claimants, who would otherwise have a statutory priority under section 562 of the Corporations Act.

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Corrs Chambers Westgarth, Liquidation, Liquidator (law)
    Authors:
    James Whittaker , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    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
    Federal Court finds that a retention of title clause is to be considered a “security”, defeating the liquidators’ unfair preference claim
    2016-05-27

    This week’s TGIF considers the decision in Hussain v CSR Building Products Limited, in the matter of FPJ Group Pty Ltd (In Liq), in which an ROT clause was held to be a “security”, defeating the liquidators’ unfair preference claim.

    Background

    On 18 July 2014, FPJ Group Pty Ltd (FPJ Group) was wound up in insolvency.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Unsecured debt, Debt, Liquidator (law), Title retention clause
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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