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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Third party funds and a company’s solvency

Introduction In Quin v Vlahos [2021] VSCA 205, the Victorian Supreme Court of Appeal recently considered the interesting question of when third party funds can be taken into account in determining a company's solvency.  The Cou...

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Tracing the Transfer

In the recent case of Bredenkamp (The Trustee of the Property of McKelt, a Bankrupt) v McKelt [2021] FCCA 468, Judge Street of the Federal Circuit Court of Australia considered the circumstances in which a series of dealings can b...

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Enforcing Interests in Disclaimed Land

Introduction A bankruptcy trustee has the power to disclaim interests in land that are burdened with onerous covenants, unsaleable or not readily saleable. On doing so, the interest formerly held by the bankrupt re-vests in the C...

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Failing to prepare is preparing to fail

In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 2021, the liquidator failed in his claim to recover 19 alleged unfair preference payments totalling $740,000 from the ATO.   The case turned on whether the impugned payme...

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