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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Pride & prejudice – are online hearings unfair?

COVID-19 has had, and continues to have, a major impact on court processes for all parties involved. Courts have been quick to adapt by transitioning to video link hearings. While the height of the pandemic appears to be over in A...

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Federal Court of Appeal Gunns down peak indebtedness rule

On 24 June 2021 the Federal Court handed down a second decision which provides further updates to this case.  Read our analysis here. Introduction In a major blow to liquidators, on 10 May 2021 the Federal Court Appeal in Baden...

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