Introduction  The Full Court of the Federal Court of Australia has missed an opportunity to provide real clarity for unfair preference claims following its earlier decision abolishing the "peak indebtedness" rule. On 10 May 2...

In Rohrt (in their capacities as joint and several liquidators of Rose Guerin and Partners Pty Ltd (in liq)) v Princes Square W24NY Pty Ltd (as trustee for the Rose Guerin and Partners Trust) [2021] FCA 483, Justice Anderson in th...

Introduction On 10 May 2021, the Supreme Court of Victoria handed down its judgments in an insolvent trading proceeding instituted by the liquidators of Walsh Engineering Services Pty Ltd (in liq) ("the Company"). The liquidators...

COVID-19 has had, and continues to have, a major impact on court processes for all parties involved. Courts have been quick to adapt by transitioning to video link hearings. While the height of the pandemic appears to be over in A...

Introduction The recent decision of Rees J in the New South Wales Supreme Court in the matter Re, Western Port Holdings Pty Ltd (Recs and Mgrs Apptd) (2021) 150 ACSR 274 ("Western Port") considers the vexed question of when a thi...

The case of Tjoputra v Secretary, Attorney-General's Department [2021] AATA 1596 illustrates a "decision accordingly to law producing a result which is both unfair and unjust". That was the unedifying description given to it by th...