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Insolvency

What happens to a family provision claim in bankruptcy?

Upon bankruptcy, section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) operates to protect those whom the bankrupt was suing, by staying the proceedings until such time as the trustee in bankruptcy elects whether to continue ...

Published by Andrew Lacey
28 September, 2020
Insolvency

Can two wrongs make a right? Dealing with company deadlock through statutory oppression

Often in the early stages of establishing a company resources are pooled and liabilities are met equally. As a result, directors agree to divide the company in half with each getting 50% of the shares with a view to working together amicably for the ...

Published by Foez Dewan
8 September, 2020
Insolvency

“Third time wasn’t the charm” – ASIC disqualifies director for involvement in a string of liquidated companies

The Australian Securities and Investments Commission (ASIC) has recently invoked its statutory powers under section 206F of the Corporations Act 2001 (Cth) (the Act) to disqualify a Queensland director from ...

Published by Foez Dewan
31 August, 2020
Insolvency

“Nobody wins when the family feuds” – Taking action for oppression in the context of a family run business

Family owned and operated businesses are some of the most iconic and important businesses in the Australian economy. Some of these businesses operate in an informal manner with decisions often made by the family patriarch/matriarch, despite other fam...

Published by Foez Dewan
10 August, 2020
Insolvency

ACCC takes aim at Google’s proposed acquisition of Fitbit

On 1 November 2019, Fitbit Inc (Fitbit) announced it had entered into an agreement for it to be acquired by Google LLC (Google) for US$2.1 billion.   The Australian Competition and Consumer Commission (

Published by Chiara Rawlins
9 July, 2020
COVID-19

Ch-ch-changes to the Miscellaneous Award – amendments to expand coverage

Employers take note: amendments to be incorporated into the Miscellaneous Award 2010 (Miscellaneous Award) on 1 July 2020 will extend the coverage of the award to more employees.   Who does the Miscellaneou...

Published by McCabes News
29 June, 2020
Insolvency

Catch me if you can… The Federal Court overturns a trustee’s decision to refuse permission for a bankrupt to travel overseas

When a person is declared a bankrupt, certain liberties are taken away from that person. One restriction includes a prohibition against travelling overseas unless the approval has been given by the bankrupt's trustee in bankruptcy. This issue was rec...

Published by Andrew Lacey
15 June, 2020
Insolvency

Parkway One, commercial morality and the Court’s refusal to terminate winding up

In the recent decision of In the matter of Parkway One Pty Limited (in liquidation) [2019] NSWSC 1495 (Parkway), Rees J dismissed an application to terminate the winding up of Parkway One Pty Ltd (in liquidation) (the Compan...

Published by Foez Dewan
10 December, 2019
Insolvency

Winner takes all – what priority is afforded to a cost order made against a company in liquidation after the commencement of the winding up?

Generally, once a company enters into liquidation, litigation against that company cannot be commenced or be continued without the leave of the Court (Corporations Act 2001, s 471B). However, occasionally a liquidator may cause a company to ...

Published by Andrew Lacey
9 December, 2019
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