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    Project and retention trust accounts in an insolvency
    2024-06-27

    In the recent decision of Re PBS Building (Qld) Pty Ltd [2024] QSC 108, the Supreme Court of Queensland considered for the first time the operation of the State’s new project and retention trust account regime in the context of an insolvency. The decision provides useful guidance to insolvency practitioners and subcontractors as to their rights in relation to trust accounts established by an insolvent head contractor.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Philip Pan , Cameron Mew
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Slicing up the Big Pineapple judgment - getting to the core of statutory demands
    2023-04-05

    Queensland tourism icon “The Big Pineapple” recently tasted sweet success in the Queensland Supreme Court with judgment setting aside a creditor’s statutory demand issued against it as part of an ongoing multi-million dollar dispute amongst investors.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Moulis Legal, Joint venture, Coronavirus, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Emily Jennings , Lochlan Worrell
    Location:
    Australia
    Firm:
    Moulis Legal
    Costs Order Made Against Objector to Provisional Liquidator's Remuneration Application
    2022-05-26

    In brief: The Supreme Court of Queensland has ordered that an objector to an external administrator's remuneration application pay the administrator's costs of responding to the objections. This decision, which will be welcomed by external administrators, appears to be the first time such an order has been made in the insolvency jurisdiction.

    Disclaimer of interest: Colin Biggers & Paisley acted for the Provisional Liqudiator in Michaela Manicaros v Commercial Images (Aust) Pty Ltd [2022] QSC 83.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Glen Williams
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Court dismisses bid to restrain liquidators’ choice of representation
    2022-05-13

    This week’s TGIF considers the recent Queensland Supreme Court decision in CGS Constructions (Qld) Pty Ltd [2022] QSC 28 where it dismissed an application to restrain liquidators from engaging the same solicitors as a major creditor to conduct public examinations.

    Key Takeaways

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidator (law), Queensland Supreme Court
    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, Deed of company arrangement, Corporations Act 2001 (Australia), Queensland Supreme Court
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Double Trouble: Court Advises Liquidators to Reject $905 Million Proofs of Debt
    2019-10-08

    In Short

    The Situation: A liquidator can reject a "double proof" for what is, in substance, the same debt as another accepted proof of debt.

    The Question: When are liquidators justified in rejecting what could arguably be a double proof?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Jones Day, Queensland Supreme Court
    Authors:
    Evan J. Sylwestrzak , Lucas Wilk , Roger Dobson , Katie Higgins
    Location:
    Australia
    Firm:
    Jones Day
    The intersection between directors’ fiduciary duties and the right to recover payment
    2019-02-26

    Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set aside, the demand. But what happens when the creditor is also a director of the company? This was an issue recently considered by the Supreme Court of Queensland in Re CSSC (QLD) Pty Ltd [2018] QSC 282.

    The facts

    Filed under:
    Australia, Queensland, Company & Commercial, Insolvency & Restructuring, Litigation, McCabe Curwood, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Andrew Lacey , Danyal Ibrahim
    Location:
    Australia
    Firm:
    McCabe Curwood
    Related company insolvency can affect ability to maintain Queensland builder’s licence
    2018-10-29

    A recent Supreme Court of Queensland decision as to what constitutes a ‘’construction company’’ under the QBCC Act brings consequences for construction groups who undertake works under different State entities.

    Partner, Ted Williams, and Senior Associate, Gemma Twemlow, review the decision and what it means for construction companies.

    Filed under:
    Australia, Queensland, Construction, Insolvency & Restructuring, Litigation, Piper Alderman, Queensland Supreme Court
    Location:
    Australia
    Firm:
    Piper Alderman
    Liquidators' power to disclaim environmental liabilities and obligations upheld (for now)
    2018-10-25

    Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.

    Filed under:
    Australia, Queensland, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Stuart MacGregor , Kathryn Pacey , Scott Sharry
    Location:
    Australia
    Firm:
    Clayton Utz
    Linc Energy - High Court refuses special leave to Qld State Government
    2018-09-18

    The High Court has refused to grant the Queensland State Government (Qld Government) special leave to appeal the Queensland Court of Appeal’s March 2018 decision in favour of the liquidators of Linc Energy, concerning the liquidators’ obligations to cause Linc Energy to comply with an Environmental Protection Order (EPO).

    Filed under:
    Australia, Queensland, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Environmental protection, Due diligence, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    David Proudman , Dougal Ross
    Location:
    Australia
    Firm:
    Johnson Winter Slattery

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