Court considers form of orders in first anti-phoenixing case

In Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, the Supreme Court of Victoria held that a sale agreement entered into by Intellicomms Pty Ltd ("Company") was a creditor‐defeating disposition within the meaning of s 588FDB(1)...

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Back from the legally dead: the consequences of a company’s reinstatement post deregistration

In Thorne Developments Pty Ltd v Laird [2022] QSC 085 heard in the Queensland Supreme Court, the plaintiff sought an order to validate, amongst other things, an agreement with the defendants for the sale of shares made during a pe...

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Judicial bias bowls over judgment

Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 The decision of Bhnan v Micheletto (as joint and several Trustees of the property of Eshi, (Bankrupt)) [2022] FCA 846 provides ...

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Stand and Deliver

In Hume v Carey [2022] WASC 256, the Supreme Court of Western Australia considered an application to terminate a winding up order made against HHA Architects Pty Ltd ('Company') under section 482 of the Corporations Act (Cth) 2001...

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Make Haste! Trustee obtains extension of time to elect to continue Bankrupt’s class action

Introduction On 6 June 2022, the Federal Court handed down its decision in Official Trustee in Bankruptcy, in the matter of the bankrupt estate of Crawford [2022] FCA 657 ("Crawford").  The case concerned an application by th...

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An issue of Trust: Determining the priority of competing claims to trust assets

The decision of Francis (Trustee), in the matter of Fotios (Bankrupt) v Helios Corporation Pty Ltd [2022] FCA 199 ("Francis") is a useful examination of identifying and determining the priority of competing claims to trust assets....

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