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    Intention to create a trust
    2014-05-07

    Korda v Australian Executor Trustees (SA) Ltd [2014] VSCA 65

    In Korda v Australian Executor Trustees (SA) Ltd, the VSCA may have assisted the investors in a radiata pine managed investment scheme at the expense of trusts law orthodoxy.

    Filed under:
    Australia, Victoria, Banking, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Investment funds, Victoria Supreme Court
    Authors:
    John S Glover
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Perfection requirements of transitional security interests under the Personal Property Securities Act 2009 (Cth)
    2014-04-08

    Central Cleaning Supplies (Aust) Pty Ltd v Elkerton [2014] VSC 61.

    Appeal from liquidators’ decision to reject claim for the return of cleaning equipment subject to retention of title. Consideration of retention of title clauses and the application of the transitional security agreements under Personal Property Securities Act 2009 (Cth).

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Liquidation, Liquidator (law), Title retention clause, Securities Act 1933 (USA)
    Authors:
    Andrea L Mapp
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    What a difference a day makes – when does the relation back period start?
    2014-04-08

    Re Weston Application; Employers Mutual Indemnity (Workers Compensation) Ltd v Omni Corporation Pty Ltd [2009] NSWSC 264

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    Standing as a creditor in accordance with s 459P(1)(b) Corporations Act 2001 (Cth)
    2014-03-02

    First Equilibrium Pty Limited v Bluestone Property Services Pty Limited (in liq) [2013] FC AFC 108

    An appeal from the decision of Bluestone Property Services Pty Ltd (in liq) v First Equilibrium Pty Ltd [2013] FCA 876.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Standing (law), Corporations Act 2001 (Australia)
    Authors:
    Andrea L Mapp
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria

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