Introduction In Empire Capital Partners Pty Ltd v CMB Investments 1993 Pty Ltd [2021] FCA 605 ("the Winding-up Proceeding"), the Federal Court of Australia examined the relevant principles applicable to the adjournment of a windi...

Introduction In Re Empire Plant Hire Pty Ltd (in liq) [2021] VSC 549 ("Empire Plant"), the Supreme Court of Victoria recently considered the interesting question of when a receiver may be appointed over disclaimed property to ass...

In Commonwealth of Taxation v Bosanac (No 7) [2021] FCAFC 158, the Full Court of the Federal Court of Australia has delivered a judgment which is sure to impact on the acquisition of property in a matrimonial relationship and pote...

Introduction Cross-border insolvency is becoming increasingly common in the globalised world.   This article will review the mechanisms available to deal with cross-border insolvencies, as applied in the recent decision of Just...

Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 arose from the collapse of Arrium Ltd and a number of its subsidiaries in April 2016. It is a complex case...

Introduction In Quin v Vlahos [2021] VSCA 205, the Victorian Supreme Court of Appeal recently considered the interesting question of when third party funds can be taken into account in determining a company's solvency.  The Cou...