In this issue: The encroachment on circulating security interests (floating charges) by section 561 Corporations Act 2001 discussed; Whether, and, if so, to what extent liquidator’s remuneration, costs and expenses may take priority under section 561 ahead of employee...
In this issue: Consideration of statutory liability of administrators for debts incurred in course of administration Policy reasons for imposing personal liability on administrators Circumstances where it is unreasonable to expect administrators to be exposed to...
In this issue: Discussion of the statutory framework that preserves a bankrupt’s right to recover and retain compensation for injury or wrongs suffered. Distinguishing actions involving property rights from those involving personal injury or wrongs suffered. Dealing...
In this issue: The statutory obligation to keep and retain financial records reviewed The consequences for insolvency administrations where financial records are found to be deficient Director liability arising from their company’s failure to keep or retain financial...
In this issue: The elements of the statutory defence to an unfair preference claim contained in section 588FG (2), Corporations Act reviewed. The most common elements of the defence arising for consideration are to be found in section 588FG (2)(b)(i) and (ii). With...
In this issue: The use of court directions by liquidators in respect of proposed compromise of litigation Pre-conditions that need to be satisfied to enable a directions application involving compromise of litigation to proceed Legal effect of directions orders where...
