In the recent case of Bredenkamp (The Trustee of the Property of McKelt, a Bankrupt) v McKelt [2021] FCCA 468, Judge Street of the Federal Circuit Court of Australia considered the circumstances in which a series of dealings can b...

Introduction A bankruptcy trustee has the power to disclaim interests in land that are burdened with onerous covenants, unsaleable or not readily saleable. On doing so, the interest formerly held by the bankrupt re-vests in the C...

In the matter of Pacific Steelfixing Pty Ltd [2021] NSWSC 2021, the liquidator failed in his claim to recover 19 alleged unfair preference payments totalling $740,000 from the ATO.   The case turned on whether the impugned payme...

Introduction The recent decision of the Administrative Appeals Tribunal in Re: 0 Love 0 Pty Ltd (in liquidation) ATF Cooley Trust 1, Cooley Trust 2 & Cooley Trust 3 illustrates the importance of identifying the capacity of a ...

Introduction The Federal Court of Australia recently considered in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 ("Proceeding") the circumstances in which a Jones v Dunkel (1...

In the recent decision of The University of Melbourne v Commissioner of State Revenue [2021] VSC 322 ("SRO Case"), Justice Osborne of the Supreme Court of Victoria considered the Court's discretion to refuse the making of an indem...