This week’s TGIF considers the recent decision of the Queensland Supreme Court inWhite Rook Pty Ltd v White Horizon Pty Ltd (No 2)[2026] QSC 86 where the Court applied proportionality principles and reduced a court-appointed receiver’s remuneration by 15%.
This case related to an application by a court-appointed receiver for approval of remuneration, costs and expenses incurred over the course of a 15-year receivership.
A liquidator arrives at a desk that is rarely tidy. Records may be incomplete, former management uncooperative, and assets overseas or already on the move. The Insolvency, Restructuring and Dissolution Act 2018 (the “IRDA”) confers a substantial set of investigative powers to do that work, and recent decisions have clarified both the standard the court holds a liquidator to and the standard a creditor or counterparty must meet to challenge or to support those decisions. This primer maps the toolkit and the decisions that frame it.
The requirement to obtain leave before commencing proceedings against a court-appointed liquidator is now firmly established in Malaysian insolvency law. More importantly, recent authorities confirm that the requirement extends beyond creditors and contributories to any person seeking to challenge acts or decisions of a liquidator undertaken in the course of liquidation.
Facts
The case arose from a (non-public) provisional composition moratorium granted to a Swiss GmbH. During the moratorium, the court - upon request of the debtor and the administrator - authorised the sale of substantial parts of the company’s assets (5A_53/2026 dated 4 May 2026).
Introduction
Personal guarantees occupy a critical but often misunderstood space within the Indian insolvency framework. A common assumption among borrowers and even legal practitioners is that a personal guarantor bears only a secondary obligation, one that is triggered only after all remedies against the principal borrower have been exhausted. In practice, however, this perception is far from accurate, and the Insolvency and Bankruptcy Code, 2016 ("IBC") has established a robust and independent regime for dealing with personal guarantors.
A recent Full Court decision clarifies that future royalty claims can be released by deeds of company arrangement, with significance for businesses in the energy and resources sector and those operating on trailing payment terms.
Financial pressure rarely arrives all at once. It builds - quietly at first - through rising costs, tightening cashflow, and increasing reliance on credit, until the position becomes unsustainable.
The Swiss Supreme Court has issued a new decision highly relevant for asset recovery strategies involving Swiss bank accounts.
In its original landmark decision 5A_999/2022, the Swiss Supreme Court confirmed that foreign receivers cannot directly exercise their powers in Switzerland (and often cannot even be recognised).
La présente Newsletter de Monfrini Bitton Klein vise à offrir, de manière hebdomadaire, un tour d’horizon de la jurisprudence rendue par le Tribunal fédéral dans les principaux domaines d’activité de l’Etude, soit le droit pénal économique et le recouvrement d’actifs (asset recovery).
In Hudson Global Resources (Aust) Pty Limited [2026] NSWSC 535 the Supreme Court of New South Wales considered how an Australian Taxation Office (ATO) garnishee‑style notice under s 2