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    Two Steps Forward, One Step Back
    2017-07-26

    The Queensland Supreme Court in the case of Scott & Ors v Port Hinchinbrook Services Limited & Ors [2017] QSC 92 has again confirmed the utility of a Deed of Company Arrangement (DOCA) in respect of director appointments and members’ rights as part of a restructure.

    Issues

    The Court was asked to consider the following issues:

    Filed under:
    Australia, Queensland, Company & Commercial, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Sam Johnson
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Liquidators’ disclaimer power not fail-safe
    2017-05-12

    This week’s TGIF considers Linc Energy Ltd (in Liq) v Chief Executive Dept of Environment & Heritage Protection [2017] QSC 53, in which the Queensland Supreme Court directed that the liquidators of Linc Energy were not justified in causing it to fail to comply with an environmental protection order

    BACKGROUND

    Filed under:
    Australia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Environmental protection, Interest, Liability (financial accounting), Liquidator (law), US Environmental Protection Agency, Corporations Act 2001 (Australia), Environmental Protection Act 1990 (UK), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Environmental laws trump Linc Energy creditors
    2017-04-13

    Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in which claims will be paid in a liquidation, and may have broader implications for insolvent companies that are subject to obligations under State laws.

    Filed under:
    Australia, Queensland, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Maritsa Samios , Peter A. Smith , Anthony Haly
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
    2017-04-13

    Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental obligations under an environmental protection order issued to Linc.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Anthony Haly , Maritsa Samios , Madeline Simpson
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Not Easy Being Green: Insolvency Practitioners on Further Notice of Personal Liability for Environmental Obligations
    2017-04-18

    Liquidators, administrators and receivers in Queensland are on notice that they may face serious personal consequences if they fail to cause companies to which they are appointed to comply with Environmental Protection Orders (EPOs).

    Re Linc Energy Limited (In Liquidation) [2017] QSC 53 (13 April 2017) has determined that liquidators may not be able to escape obligations under an EPO by issuing a disclaimer notice.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Baker McKenzie, Liquidator (law), Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Ian Innes , Lauren Kirkwood
    Location:
    Australia
    Firm:
    Baker McKenzie
    Linc Energy Limited (In Liquidation): Liquidators obliged to give State environmental laws priority despite disclaimer
    2017-04-19

    The Supreme Court of Queensland has delivered a significant judgement concerning the obligations of liquidators to cause an insolvent company to incur the costs of complying with State environmental laws, in priority to other unsecured creditors.

    On instructions from the liquidators of Linc (Stephen Longley, Grant Sparks and Martin Ford of PPB Advisory) JWS made an application for directions in respect of both the liquidators’ and Linc’s environmental obligations in Queensland.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Environmental Protection Act 1990 (UK), Queensland Supreme Court
    Authors:
    David Proudman , Dougal Ross
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    How much Am I Owed? Rights of a Contingent Creditor to Wind Up a Company
    2017-02-27

    Everything or Nothing! That is what the Queensland Court of Appeal has told us recently when it comes to assessing what a creditor is really owed for the purposes of standing to wind up a company

    Background

    A dispute arose between two parties involved in the management of Treadtel International Pty Ltd (Treadtel) whereby a Mr Cocco asserted that one of the two issued shares in Treadtel was held on trust for his benefit by the sole director’s wife, Mrs Crosher, because of an alleged share sale agreement.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Liquidation, Queensland Supreme Court
    Authors:
    Jordan Bennie
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Queensland Supreme Court considers the relationship between a disputed debt and a company’s solvency pursuant to section 459s of the Corporations Act 2001
    2015-05-29

    BACKGROUND

    Stephanie Roebuck As Executor Of The Deceased Estate Of Suzanne Florence Bulwinkel (Roebuck) served Bulwinkel Enterprises Pty Ltd (Bulwinkel) with a statutory demand for the payment of $990,377.63 monies owing in connection with an unpaid trust distribution and loan between the parties. 

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    When will an informal source of funds be sufficient to prove a company’s solvency?
    2014-06-13

    In the recent decision of First Strategic Development Corporation Limited (in liq) and Anor v Chan and Ors [2014] QSC 60, the Supreme Court of Queensland considered the solvency of a company with no assets or formalised line of credit, but with a director who claimed to be willing to fund the $2.5 million that the company had committed to spending.

    FACTS

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Board of directors, Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    The buck stops where? When will a liquidator be personally liable for costs?
    2014-02-14

    The decision of the Queensland Supreme Court (Court) in International Cat Manufacturing Pty Ltd (in liq) & Anor v Rodrick & Ors [2013] QSC 307 is a reminder that liquidators who commence proceedings may be personally liable for costs of the proceeding where they are unsuccessful in their claim.

    FACTS

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Costs in English law, Liquidator (law), Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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