In this issue The nature and operation of resulting trusts Resulting trusts arising in insolvency administrations considered The recent decision in Aravanis v Studwell Pty Ltd (2015) FCCA 2102, 7/8/2015 reviewed Concerns about the concealed nature of resulting trusts...
In this issue: Reviewing the operation of section 600A, Corporations Act Relevant principles developed by the courts when applying section 600A The onus on the applicant to make out the elements of section 600A Discussion of the decision in Promnitz v Indochine Mining...
In this issue: Reviewing provisions of Family Law Act relating to alteration of property interests between a bankrupt and non-bankrupt spouse (including dependents). Rights of the non-bankrupt spouse in bankrupt spouse’s property that has vested in a trustee in...
In this issue: Discussion of exoneration provisions under which directors may be excused from insolvent trading liability The stages of inquiry undertaken by the courts in evaluating exoneration applications The standard of conduct required of directors seeking...
In this issue: The nature and operation of section 420A(1)(a), Corporations Act. When does property have a “market value” for the purposes of the section? The statutory obligation of the receiver to undertake reasonable care to sell charged assets that have a market...
In this Issue: The significance of set-off under section 553C, Corporations Act Limitations on the right to exercise set-off Cases that usefully illustrate the operation of set-off Introduction On the winding up of a company a creditor generally loses all recovery...
