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    TGIF 27 September 2019: Double proofed, maybe - Queensland Supreme Court advises liquidators on proofs of debt
    2019-09-27

    This week’s TGIF considers a recent application to the Queensland Supreme Court for judicial advice as to whether certain proofs of debt should be rejected due to the rule against double proofs.

    Background

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Australian Securities Exchange
    Authors:
    Cameron Cheetham , Mark Wilks , Craig Ensor , Felicity Healy , Kirsty Sutherland , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , James Lucek-Rowley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Call of Duty: can lawyers owe a duty of care to a company in liquidation when instructed by its shareholder?
    2018-09-21

    This week’s TGIF considers the decision in Mujkic Family Company Pty Ltd v Clarke & Gee Pty Ltd [2018] TASFC 4, which concerns a rather novel issue – whether a solicitor acting for a shareholder might also owe a duty of care to the company in liquidation.

    What happened?

    In 2015, the Supreme Court of Queensland ordered that the corporate trustee of a family trust be wound up.

    Filed under:
    Australia, Queensland, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation, Duty of care, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Cameron Cheetham , Craig Ensor , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Michael Catchpoole , Michelle Dean , Sam Delaney , Estelle Blewett , David Abernethy
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Linc Energy convicted of causing serious environmental harm but avoids liability under Environmental Protection Order
    2018-04-13

    On 9 April 2018 Linc Energy Ltd (in liquidation) was convicted of causing serious environmental harm at its pilot underground coal gasification facility near Chinchilla, Queensland.

    Administrators were appointed to the company on 15 April 2016. On 23 May they were appointed liquidators after creditors resolved that the company be wound up.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Projects & Procurement, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Is it the vibe? Constitutional challenges to the Court’s power to issue examination summonses.
    2016-09-23

    This week’s TGIF considers Clive Palmer’s recent challenges to the constitutionality of the Court’s power under the Corporations Act to issue examination summonses.

    What happened?

    On 18 January 2016, administrators were appointed to Queensland Nickel Pty Ltd (QNI) pursuant to s 436A of the Corporations Act 2001 (Act). The creditors subsequently resolved that QNI be voluntarily wound up and the administrators were appointed as liquidators (the General Purpose Liquidators).

    Filed under:
    Australia, Queensland, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Does a breach of clause 25.1 of the code of banking practice render a guarantee void? It appears not
    2016-02-12

    This week’s TGIF considers the decision of Commonwealth Bank of Australia v Currey in which the Court looks at whether a breach of clause 25.1 of the Code of Banking Practice renders a guarantee void or voidable.

    BACKGROUND

    A bank lent money to a family company, which was secured by personal guarantees provided by the applicants. 

    Filed under:
    Australia, Queensland, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Breach of contract, Commonwealth Bank
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Priority creditors - to pay or not to pay?
    2015-07-17

    Background

    In Re CMI Industrial Pty Ltd (in liq); Byrne & Ors v CMI Limited [2015] QSC 96, liquidators sought directions as to whether they were required to pay trading profits made by the receivers to priority creditors under s433 of the Corporations Act.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    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
    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
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP

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