To Adjourn or Not to Adjourn: A Review of s440A(2)

In proceedings before the Federal Court of Australia and the state Supreme Courts where an application is made pursuant to sections 459P and 459Q of theCorporations Act (Cth) (“Act”) for orders winding up a company, the appoi...

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Only Director Down Under? Tips for Minimising Your Liability

We recently saw a transaction where this approach was adopted by a large US-based private equity investor, but we've also seen this trend extend beyond the private equity space. Often, the Australian company will have only one Au...

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“The Sleeper Awakes” e-Conveyancing: The Right to Deal

In e-Conveyancing, most of the focus to date has been on how to satisfy verification of identity (VOI) requirements. The VOI obligation is to take reasonable steps to verify the identity of each party to the conveyancing transacti...

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Willmott Forests: Victorian Supreme Court of Appeal Upholds Decision

Previously, we referred to Willmott Forests Ltd (Receivers and Managers appointed) (in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc [2012] VSCA 202. We noted then an appeal to the High Court had been hea...

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Subrogation Under Section 560 of the Corporations Act

Dalma No.1 Pty Ltd ("Dalma") went into administration with employee-related liabilities of about $600,000. Background After the administrators were appointed a related company, Dalma Construction Pty Ltd ("DC"), made substanti...

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High Court Appeal: Willmott Forests

The disclaiming of leasehold interests by liquidators On 10 May 2013, the High Court granted special leave to appeal the Victorian Court of Appeal's decision in Willmott Forests Ltd (Receivers and Managers appointed) (in liquidat...

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