Full Court overturns trustee’s win in McMillan v Warner

Introduction In McMillan v Warner (Trustee) [2022] FCACF 20 the Full Court of the Federal Court of Australia allowed an appeal against a judgment made in favour of a trustee in bankruptcy who was successful in voiding a transfer ...

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CASSPrs in from the cold: A regulatory framework for crypto asset secondary service providers in Australia?

The Treasury has sought feedback on proposals to regulate crypto asset secondary service providers ('CASSPrs') in a consultation paper ('Consultation Paper) released on 21 March 2022.  The proposals follow recommendations as to r...

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Enforcing a Judgment Debt in NSW

It is not uncommon for a judgment debtor to avoid complying with a judgment to repay a debt. When this occurs, how do you, as the judgment creditor, seek to enforce payment of the judgment debt? There have been a number of chan...

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Silver Linings of the Pandemic – Federal Parliament Passes Permanent Changes to Allow Electronic Signing of Documents and Virtual Meetings

Prior to the COVID-19 pandemic, conflicting court decisions around the country had fostered uncertainty as to whether a company could safely execute documents electronically. Amidst the great upheaval created by the spread of the ...

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Digital Currency is hard to control but not beyond the Court’s reach

Bitcoin: Not just relevant to Russian oligarchs The world has acted swiftly to cut off Russia's access to traditional banking methods. However, oligarchs and their cryptocurrency seem to be a very different story. Because it is ...

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“No extension required” – In the matter of Antqip Hire Pty Ltd (in liq)

Introduction A security interest granted under the Personal Property Securities Act 2009 (Cth) can be perfected by registration on the Personal Property Securities Register ("PPSR") at any time. However a late registration can ve...

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