Liquidators’ Equitable Lien “hammered”

In Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd (Receivers and Managers Appointed)(In liquidation) [2022] NSWSC 573, Justice Hammerschlag of the Supreme Court of New South Wales dismissed a claim by administ...

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Approbate and reprobate – does an administrator need to inquire into the validity of their appointment?

Introduction On 9 May 2022, the Supreme Court of Brisbane handed down its decision in Stimpson v Allied Rural Pty Ltd (subject to deed of company arrangement) & Ors [2022] QSC 74. The case concerned an application by an admin...

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Full Court shuts down set-off as a defence to unfair preference claims

In Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228 ("Morton"), the Full Court of the Federal Court has delivered a resounding "No" to the question of whether set...

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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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Is it safe to rely on an artist’s impression when buying a new apartment ‘off-the-plan’?

As the term suggests, when buying 'off-the-plan' a purchaser can only assess what it is they will be buying from the plans and images provided by the developer. The detail and accuracy of the plans and images will vary from one pr...

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No duty of care to young people concerning future climate change: Federal Court turns off climate control…, for now

Introduction: evolution of the law: climate change To paraphrase Charles Darwin, adaptation is the key to survival. The law too is a living organism and needs to continually evolve in line with society to serve its intended purpo...

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