“No extension required” – In the matter of Antqip Hire Pty Ltd (in liq)

Introduction A security interest granted under the Personal Property Securities Act 2009 (Cth) can be perfected by registration on the Personal Property Securities Register ("PPSR") at any time. However a late registration can ve...

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A winding up application made during a receivership

Introduction In Empire Capital Partners Pty Ltd v CMB Investments 1993 Pty Ltd [2021] FCA 605 ("the Winding-up Proceeding"), the Federal Court of Australia examined the relevant principles applicable to the adjournment of a windi...

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Clearing Away the Mud: Supreme Court clarifies Vesting of Disclaimed Property

Introduction In Re Empire Plant Hire Pty Ltd (in liq) [2021] VSC 549 ("Empire Plant"), the Supreme Court of Victoria recently considered the interesting question of when a receiver may be appointed over disclaimed property to ass...

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When mine is yours and yours is mine

In Commonwealth of Taxation v Bosanac (No 7) [2021] FCAFC 158, the Full Court of the Federal Court of Australia has delivered a judgment which is sure to impact on the acquisition of property in a matrimonial relationship and pote...

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Insolvency sans Borders

Introduction Cross-border insolvency is becoming increasingly common in the globalised world.   This article will review the mechanisms available to deal with cross-border insolvencies, as applied in the recent decision of Just...

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Back to the Future – Testing Insolvency

Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 arose from the collapse of Arrium Ltd and a number of its subsidiaries in April 2016. It is a complex case...

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