High Court Gunns down Peak Indebtedness Rule

On 8 February 2023, the High Court handed down its highly anticipated judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2. The upshot of the decision – the Full Court of the Federal Court's decision has been up...

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Overcharge! Rethinking charging clauses under standard form contracts

A recent decision of the Federal Court of Australia in Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 provides a reminder to rethink the inclusion of 'general charging clauses' in businesses' standard trading terms. A general...

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Bearing fruit with Examination Summonses

In the decision of Re Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing; Ex Parte Mervyn Jonathan Kitay as liquidator of T & L Produce Marketing [2022] WASC 299, the liquidator of T & L Produce Marketing P...

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The ‘Magic’ of s447A

Introduction On 1 September 2022, in Re Lord, Invigor Group Ltd (admins apptd) [2022] FCA 1064, the Federal Court of Australia relieved administrators from liability in respect of a funding agreement with a secured creditor to tr...

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Liquidators face public examination

In the matter of Dampney and Others v Matta and Another [2022] NSWSC 356, the liquidators and former administrators of Jewel of India Holdings Pty Ltd ("Jewel Holdings") were unsuccessful in setting aside examination summonses iss...

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High Court upholds continued operation of presumption of advancement

On 12 October 2022 the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34 confirmed the continued operation of the presumption of advancement as part of the general law in Australia.  The decision reverse...

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