In this issue: Reviewing applications to the court to have the winding up of a company terminated Who has standing to apply for a termination order The factors a court may take into account when assessing the merit of an application for termination of winding up Role...
In this issue: Liquidator applications under section 468(1) Corporations Act considered The elements that need to be satisfied to establish a void disposition under that section Circumstances where a court may be willing to exercise its discretion to validate a...
In an article published in the June 2013 edition of the Australian Construction Law Bulletin, BRI Ferrier consultant, Keith Bennetts, discusses the priority contest between the secured lender and developer over a builder’s on-site personal property, when a...
In this issue: The operation of notices issued under section 139ZQ Bankruptcy Act considered Discussion of a recent decision highlighting the effective use of a section 139ZQ notice Reviewing the position where the validity of a section 139ZQ notice is being contested...
In this issue Reviewing dealings of directors at a time when their company is experiencing financial difficulties External advisors becoming involved in such director dealings Significance of section 79 Corporations Act 2001 (Cth) Background Where a company is...
In this issue: Administration may be preferable to liquidation Judicial attitudes to adjourning winding up applications can vary It pays to know what to expect Background Directors faced with a winding up application often cause their company to enter into...