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    Pressing Charges: Court Upholds Liquidators’ Claim for Remuneration out of Trust Assets
    2020-06-26

    It is said that Sisyphus, the ancient king of Ephyra, is destined for eternity to roll a boulder uphill, only to watch it roll down again. Perhaps Sisyphus should have been a liquidator. One could certainly forgive the liquidator of Aberdeen All Farm Pty Ltd (In Liq) (Aberdeen) for thinking so.

    After taking appointment in February 2018, Aberdeen has been embroiled in Supreme Court litigation, by which certain parcels of land were claimed to have been held on trust for Barry McWhinney as a result of an alleged fraud.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Mills Oakley, Liquidator (law)
    Authors:
    Kirsten Farmer , Joe Pokoney
    Location:
    Australia
    Firm:
    Mills Oakley
    The Virgin Administrators continue their winning streak - with them now obtaining (what the Court described as) “extraordinary” orders to facilitate their administration!
    2020-05-29

    The Federal Court, in the second significant case arising out of the Virgin collapse, has made extraordinary limited recourse and limited liability orders on application by the Administrators.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Mills Oakley, Coronavirus, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Stephen Dickens , Mitch Ziebell
    Location:
    Australia
    Firm:
    Mills Oakley
    Lacunae in the Legislation: Small Business Restructuring and the Restructuring Practitioner
    2020-10-13

    10/14/2020 Lacunae in the Legislation: Small Business Restructuring and the Restructuring Practitioner | Mills Oakley https://www.millsoakley.com.au/thinking/lacunae-in-the-legislation-small-business-restructuring-and-the-restructuring-practitioner/ 1/32 Lacunae in the Legislation: Small Business Restructuring and the Restructuring Practitioner M e n u 10/14/2020 Lacunae in the Legislation: Small Business Restructuring and the Restructuring Practitioner | Mills Oakley https://www.millsoakley.com.au/thinking/lacunae-in-the-legislation-small-business-restructuring-and-the-restructuring-practi

    Filed under:
    Australia, Insolvency & Restructuring, Mills Oakley, Coronavirus, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Mills Oakley
    Commissioner registers revised alternative tests for decline in turnover to qualify for JobKeeper from 28 September
    2020-09-24

    A legislative instrument was registered by the Commissioner on 22 September, setting out the revised alternative tests for decline in turnover to qualify for JobKeeper fortnights from 28 September 2020 onwards.

    The new alternative tests remain broadly in line with the original, with the same 7 circumstances available to entities where there is not an appropriate relevant comparison period in 2019. These include businesses that:

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Mills Oakley, GST
    Authors:
    Ross Higgins
    Location:
    Australia
    Firm:
    Mills Oakley

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