In this issue: Personal insolvency agreements under Part X of the Bankruptcy Act reviewed The statutory right of a creditor to apply to the court to set aside a personal insolvency agreement discussed Cases where the reasonableness of a personal insolvency agreements...
National builder reorganised using a creditors’ trust BRI Ferrier has recently overseen the restructuring of a national building company using a creditors’ trust, combining its in-depth knowledge of both the construction industry and the ways of maximising...
In this issue: Reviewing cases where a secured creditor is obliged to meet the costs of a liquidator incidental to the care, preservation or realisation of charged assets. Discussion of the general principles that operate in this area. Discussion of the High Court...
In this issue: The receiver’s decision to trade or close down a company’s business reviewed. The nature of receivership compared with other forms of insolvency administration. Commercial and legal factors that may impact on a receiver’s trade-on decision. Recent cases...
In this issue: The role of the liquidator when adjudicating on proofs of debt for dividend purposes The statutory remedy available to a creditor aggrieved by liquidator’s decision to reject or modify a proof of debt Onus on creditor to satisfy the court that...
In this issue: The operation and objectives of section 560 Corporations Act discussed The need for certainty as to when the section 560 priority arises The strict, literal approach adopted by Australian courts when applying section 560 Introduction Pursuant to section...
