In this issue: Approval requirements under section 477(2B) Corporations Act reviewed Long-term agreements commonly brought before the courts (or creditors) for approval Principles developed by the courts in determining whether approval should be granted Introduction...
In an article published in the April 2015 edition of the Insolvency Law Bulletin, BRI Ferrier consultant, Keith Bennetts, discusses the role of voidable transactions in the winding up of a company.
In this issue: Discussion of cases that illustrate winding up on the just and equitable ground. Winding up on the just and equitable ground as it relates to companies experiencing management deadlock. Incidental issues that may arise in a management deadlock case...
In this issue: Nature and operation of Quistclose trusts Significance of Quistclose trusts in insolvency processes Equitable principles underlying the Quistclose trust Quistclose trusts and the Personal Property Securities Act 2009 Introduction Generally, in...
In an article published in the April-June 2014 edition of the ARITA Australian Insolvency Journal, BRI Ferrier consultant, Keith Bennetts, provides a considered analysis of the rights of contingent creditors under the Corporations Act.
In this issue: Nature and operation of the presumption of advancement Consequences of the presumption of advancement where bankruptcy intervenes The presumption of advancement in the context of ageing parents transferring assets to adult children Discussion of the...
