Stand and Deliver

In Hume v Carey [2022] WASC 256, the Supreme Court of Western Australia considered an application to terminate a winding up order made against HHA Architects Pty Ltd ('Company') under section 482 of the Corporations Act (Cth) 2001...

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Rising tide of financial distress

There is a rising tide of concern that we will soon see significant financial distress in the private sector.  Sobering headlines such as 'Building industry facing slump' (The Age, 20 May 2022) remind us that the worst of the pos...

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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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