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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A Corporate Trustee in Liquidation May Not Retain the Power of Sale

It is well established that if a trustee company goes into liquidation then: The company retains: its right to indemnity out of the assets of the trust for liabilities incurred on behalf of the trust an equitable ...

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Limiting an Administrator’s Liability- Section 447A of the Corporations Act

Although section 443A(1) of the Corporations Act ("the Act") provides that Administrators are liable for the debts they incur in the performance of their functions as Administrators, a recent Western Australian judgment discusses ...

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Application for Examination Summons – Full and Frank Disclosure is a Fundamental Requirement

A recent Western Australian judgment confirms and sets out the requirements for, full and frank disclosure when seeking orders for examination[1]. Griffin was the wholly owned subsidiary of Devereaux Holdings Pty Ltd. The Deed ...

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Administrators use s447D to Allow the Sale of Unclaimed Plant and Equipment

The evidence before the court established that: there were 995 registrations on the Personal Property Securities Register ("PPSR") even after writing to all creditors who had an interest recorded in the PPSR about 80% of s...

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