by accentu8 | Apr 27, 2021 | Technical Insights
For many years the definition of ‘insolvency’ has been discussed by the judiciary, the Parliament and by the profession. The starting point is that both the Bankruptcy Act and the Corporations Act define ‘solvent’ stating that “A person is solvent if, and only if,...
by accentu8 | Feb 15, 2018 | Technical Insights
In this issue: Discussion of deeds of company arrangement involving the divesting of members’ shares for no consideration with consent of members or leave of the court in the absence of consent. The operation of s 444GA, Corporations Act reviewed. Cases where...
by accentu8 | Nov 16, 2017 | Technical Insights
In this issue Recognizing the need for administrators on occasions to propose external funding for the company under administration. Administrators may seek directions from the court as to the reasonableness of the proposed funding agreement Cases where the courts...
by accentu8 | Jul 13, 2017 | Technical Insights
In this issue: Third party payments to a creditor under a Quistclose trust arrangement discussed. Whether such third party payments may amount to an unfair preference in the hands of the creditor. Recent case Rambaldi v Commissioner of Taxation (2017) FCA 567...
by accentu8 | May 9, 2017 | Technical Insights
In this issue: Where the appointment of an administrator may be terminated as a consequence of directors being motivated by improper purposes extraneous to the statutory objectives of the voluntary administration process Case law examples of termination of voluntary...
by accentu8 | Mar 15, 2017 | Technical Insights
In this issue: Liquidator may consider creditors of company in winding up likely to benefit more from administration and deed of company arrangement than winding up With leave of the court or approval of creditors liquidator may be appointed administrator Guidelines...
