Validly appointed? Valid security interests? Timely reminder to always check the fine details
A recent decision by the Federal Court of Australia, Knauf Plasterboard Pty Ltd v Plasterboard West Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] FCA 866 ("Knauf v Plasterboard West") comes as a timely reminder to liquidators and receivers/managers of potential issues that may arise regarding: ...
Read moreDate posted: 2018-02-07 | Comments(0)
Promotion Announcement - Tamara Scholl
Gavin Parsons and Associates are pleased to announce the promotion of Tamara Scholl to the position of Solicitor. Tamara joined us in April this year as a Paralegal in order to pursue her passion for commercial and insolvency law and litigation. Tamara was then admitted as a Solicitor of the Supreme Court of New South Wales in May this ye...
Read moreDate posted: 2017-11-27 | Comments(0)
Finality? Think again: When a Court will "look behind the judgment" in bankruptcy proceedings
In its recent decision in Ramsey Health Care Australia Pty Ltd v Adrian John Compton [2017] HCA 28, the High Court considered the circumstances when a Bankruptcy Court can "look behind a judgment debt", even when that debt arose following a contested trial. The High Court’s decision came after the debtor, Mr Adrian Compton, defen...
Read moreDate posted: 2017-10-31 | Comments(0)
Phoenix Companies – What Are They, Are They Legal and What is Being Done About Them?
What is phoenixing? There is currently no express prohibition, proscribed under Australian law, from carrying out "phoenix activity". Australian law also does not define "phoenix activity". Such 'activity' can be broadly summarised as the exploitation of the corporate form to the detriment of unsecured creditors when directo...
Read moreDate posted: 2017-10-18 | Comments(0)
Assignment of
1 March 2017 saw changes brought by the Insolvency Law Reform Act 2016 (Cth) come into effect, ultimately extending the powers given to insolvency practitioners to be able to assign statutory causes of action that they have not been able to previously assign. These new provisions (each respectively, s 100-5 of Schedule 2 of the ...
Read moreDate posted: 2017-09-01 | Comments(0)
