Failing to prepare is preparing to fail

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...

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News flash: Secured party defends registration against insolvent corporate trustee

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 ...

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Failure to call witness fatal to Liquidators’ claim

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...

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Offer of Compromise – Is it really a genuine compromise?

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...

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Second Badenoch and Gunns unfair preference decision raises more questions than it answers

Introduction  The Full Court of the Federal Court of Australia has missed an opportunity to provide real clarity for unfair preference claims following its earlier decision abolishing the "peak indebtedness" rule. On 10 May 2...

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To disclaim or not to disclaim, that is the question

In Rohrt (in their capacities as joint and several liquidators of Rose Guerin and Partners Pty Ltd (in liq)) v Princes Square W24NY Pty Ltd (as trustee for the Rose Guerin and Partners Trust) [2021] FCA 483, Justice Anderson in th...

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