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    Winding-up companies in a partnership - guidance for liquidators who are appointed to companies acting in partnership
    2016-12-20

    A recent Western Australian Supreme Court case considered the insolvency of a partnership comprised of corporate members. When a partnership is formally dissolved, the partnership assets are realised by a court-appointed receiver, who will realise and distribute the assets in accordance with the relevant State partnership legislation. Senior Associate, Stefano Calabretta and Lawyer, Brendan May discussion this scenario further.

    Filed under:
    Australia, Western Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Piper Alderman, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    Termite retains its bite
    2016-10-12

    Termite Resources NL (Termite) had operated the Cairn Hill Mine in South Australia from 2010. As a wholly owned subsidiary of Outback Iron Pty Ltd (Outback), Termite operated the mine as an incorporated joint venture between IMX Resources (IMX) and Taifeng Yuanchuang International Development Co Ltd (Taifeng).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Liquidator (law), Federal Court of Australia
    Authors:
    Ian Nathaniel
    Location:
    Australia
    Firm:
    Piper Alderman
    Can a foreign company be wound up in Australia?
    2016-08-10

    In Cato Brand Partners Pty Ltd v Air India Ltd the Supreme Court was required to consider whether or not a foreign company had grounds to challenge an application for a winding up order in circumstances where it had not sought to set aside a statutory demand within the required 21 day period.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Piper Alderman, Debtor, Liquidation
    Authors:
    Ian Nathaniel
    Location:
    Australia
    Firm:
    Piper Alderman
    Court of Appeal to rule on Brereton remuneration decisions
    2016-06-08

    Last Friday, Justice Brereton finally published his reasons in Sakr Nominees Pty Ltd [2016] NSWSC 709, the latest in a series of controversial decisions on insolvency practitioner remuneration. 

    In Sakr, consistently with his Honour’s previous remuneration decisions:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Liquidator (law)
    Authors:
    Thomas Russell
    Location:
    Australia
    Firm:
    Piper Alderman
    Safe harbours for startups and other directors
    2015-12-16

    On 7 December 2015, the Federal Government released the National Innovation and Science Agenda, delivering a range of new initiatives. Among the key focus areas, the Government highlighted insolvency law as a primary area overdue for reform. Whilst not introducing wholesale reforms to mimic the United States ‘Chapter 11’ framework, the targeted reforms seek to eliminate the stigma associated with business failure.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Litigation, Piper Alderman
    Authors:
    Malcolm Quirey
    Location:
    Australia
    Firm:
    Piper Alderman
    Impacts of insolvency on construction projects
    2015-08-04

    The insolvency of one of the principals, contractors or subcontractors can seriously impact a construction project at all levels of the supply chain. Infrastructure and Projects partner, Ted Williams look at the issue and some practical thoughts on drafting contracts to help mitigate these risks.

    “How did you go bankrupt?" Two ways. Gradually, then suddenly.” ? Ernest Hemingway

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Piper Alderman, Subcontractor
    Location:
    Australia
    Firm:
    Piper Alderman
    SOS: how to save your security after an insolvency event when there has been a failure to register
    2015-03-20

    It is a well understood legal requirement that any time security is granted, it needs to be registered. Failure to register collateral granted as security according to the requirements of the Personal Property Securities Act 2009 (Cth) can result in the property vesting in the company in administration or liquidation. However in certain circumstances the court may make an order extending the time for registration, even after an insolvency event in respect of the grantor.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Piper Alderman, Personal property, Liquidation
    Location:
    Australia
    Firm:
    Piper Alderman
    Appointing provisional liquidators - on the just and equitable ground
    2015-03-20

    In Van Wijk (Trustee), in the matter of Power Infrastructure Services Pty Ltd v Power Infrastructure Services Pty Ltd [2014] FCA 1430, the Federal Court considered whether it was appropriate to appoint provisional liquidators to a company on the just and equitable ground in circumstances where a winding up application is on foot. Senior Associate, Sarah Drinkwater and Associate, Tim Logan, discuss the case and its implications.

    The application

    Filed under:
    Australia, Insolvency & Restructuring, Piper Alderman, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Piper Alderman
    Update: Joe & Joe Developments - appropriate expenditure by insolvency practitioners
    2015-01-21

    In October, we issued an Insolvency Newsflash with respect to the decision in Re: Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1444. On 1 December 2014, a further judgement was handed down by the Supreme Court of New South Wales (Re: Joe & Joe Developments Pty Ltd (subject to a Deed of Company Arrangement) [2014] NSWSC 1703), which considered additional matters and included orders for costs.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman
    Location:
    Australia
    Firm:
    Piper Alderman
    Step aside - if you don’t sue them, I will!
    2015-01-21

    The decision In the matter of CGH Engineering Pty Ltd [2014] NSWSC 1132 handed down by Justice Brereton early in 2014 required the Court to answer an interesting and novel question - is the statutory derivative action available during a voluntary administration?

    The statutory derivative action

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Piper Alderman, Derivative suit
    Location:
    Australia
    Firm:
    Piper Alderman

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