Anchorage Capital Master Offshore Ltd v Sparkes (No 3); Bank of Communications Co Ltd v Sparkes (No 2) [2021] NSWSC 1025 arose from the collapse of Arrium Ltd and a number of its subsidiaries in April 2016. It is a complex case...

The coronavirus pandemic has thrown our lives into a state of uncertainty and during this time many people are considering whether they should make a Will or they are reflecting on their existing Wills to see whether it clearly se...

Electronic execution of documents is once again permitted under section 127 of the Corporations Act 2001 (Cth) ("Corporations Act"). On 10 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 ("the Bill") passed...

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 ...