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    Missing directors and company registers: winding up a company as trustee of a shareholder
    2017-02-27

    Winding up a company when you are the trustee in bankruptcy of the sole director and shareholder can be more complicated than you think.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Bankruptcy, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Forge and the $44m fail
    2017-03-01

    A recent decision of the New South Wales Court of Appeal serves as a timely reminder of the costly consequences of failing to register a PPSR security interest in leased goods.

    Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] NSWCA 8

    In March 2013 General Electric International Inc (GE), the appellant’s predecessor in title, agreed to lease turbines to Forge Group Power Pty Ltd (Forge Group).

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, General Electric
    Authors:
    Raini Zambelli
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Insolvency Set-Off ousts Contractors’ Right to Summary Judgment in the Construction Industry
    2016-11-23

    It has been held that automatic set off under s 553C of the Corporations Act 2001 (Cth) precludes companies in liquidation from taking advantage of the summary progress payment regime under the Building and Construction Industry Security of Payment Act 2002 (Vic).

    Façade Treatment Engineering Pty Ltd v Brookfield Multiplex Constructions Pty Ltd [2016] VSCA 247

    Filed under:
    Australia, Victoria, Construction, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Insolvency practitioners’ remuneration: NSW Court of Appeal weighs into the controversy
    2016-11-24

    A five-member bench of the New South Wales Court of Appeal recently heard argument in an appeal from a decision by Justice Brereton dealing with a liquidator’s remuneration claim.

    Re Sakr Nominees Pty Ltd, New South Wales Court of Appeal, Bathurst CJ, Beazley P, Gleeson JA, Barrett and J Beach AJJA, heard on 23 November 2016, judgment reserved.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Liquidator (law)
    Authors:
    Sergio L Freire
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    When can defaulting trustees plead their own default against fellow malefactors?
    2016-08-25

    The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation against their former directors for knowingly assisting breaches of trust allegedly committed by the companies. The Court discussed the principles that operate in such circumstances.

    Nicholson Street Pty Ltd (receivers and managers appointed) (in liq) v Letten [2016] VSCA 157

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Fraud, Liquidation, Trustee, Victoria Supreme Court
    Authors:
    Lionel P Wirth
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Court approval of settlements in liquidations
    2016-08-27

    The Supreme Court has confirmed that declarations can be made approving settlement payments and the mere fact that a liquidator has acted on incorrect advice will not preclude a settlement payment being regarded as an expense “properly incurred” for the purposes of s 556(1)(a) of the Corporations Act.

    Lewis & Templeton & Warehouse Sales Pty Ltd (in liq) v LG Electronics Australia Pty Ltd & Ors (No 2) [2016] VSC 63

    Background

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Title retention clause, LG Electronics, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Setting aside a Statutory Demand? Look out, you could be struck out if serving interstate
    2016-08-11

    When serving an application to set aside a statutory demand interstate, the strict modes prescribed by SEPA trump service under the Corporations Act (or any mode of informal effective service which might otherwise suffice). Practitioners forgetting this may face a rather abrupt conclusion to proceedings.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria
    Authors:
    Raini Zambelli
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Bond’s Bell group litigation never dies: High Court strikes down WA laws as constitutionally invalid
    2016-05-26

    Bell Group N. V (in liquidation) v Western Australia [2016] HCA 21

    Alan Bond passed away last year, but the legal battles over the 1990 collapse of his Bell Group companies may yet continue. The High Court has declared state legislation, which was designed to end the long-running litigation by short-circuiting certain aspects of the Corporations Act 2001 (C’th), constitutionally invalid.

    Background

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Tax, The Commercial Bar Association of Victoria, Liquidation, Liquidator (law), US Constitution, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Evelyn R Tadros
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Insurers on the hook: High Court holds that insurers of insolvent companies can be joined to proceedings commenced by third parties against those companies
    2016-02-22

    CGU Insurance Limited v Blakeley & Ors [2016] HCA 2

    The High Court of Australia has held unanimously1 that a person who commences proceedings against an insolvent company or a bankrupt individual can join that defendant’s insurer to the proceedings and seek a declaration that the insurer is liable to indemnify the defendant.

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, The Commercial Bar Association of Victoria, Bankruptcy
    Authors:
    Gabi Crafti
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    The “long-arm” of Vizcaya - significance of the Privy Council decision and its impact on Australian common law and the Foreign Judgments Act 1991
    2016-02-24

    Vizcaya Partners Limited v Picard and another [2016] UKPC 5

    Privy Council advice that addresses what is required for foreign judgements

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Personal jurisdiction, Common law
    Location:
    Australia, United Kingdom
    Firm:
    The Commercial Bar Association of Victoria

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