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 ...

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 ...

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 ...

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...

In Saraceni v Mentha [No.2] [2012] WASC 336 a director sought to challenge the appointment of receivers to Westgem Investments Pty Ltd ("Westgem") under a fixed and floating charge ("the Charge").  In 2008 Westgem entered into a ...

On 29 June 2012 the Tax Laws Amendment (2012 Measures No. 2) Act 2012 received royal assent. The legislation has been introduced to expand the director penalty regime; making directors now personally liable for their company’s u...