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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
Insolvency

Federal Court disqualifies liquidator for breach of duties

The Federal Court of Australia recently struck off an insolvency practitioner from the register of liquidators and restrained him for ten years for acting as an insolvency practitioner. The case concerns the conduct of David Iannuzi, who the Court fo...

Published by Andrew Lacey
20 November, 2019
Insolvency

A costly decision for self-represented solicitors and barristers: High Court rules the “Chorley exception” is not part of the common law of Australia

In the recent decision of Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29, the High Court ruled the Chorley exception, which allows self-represented litigants who are solicitors to recover costs incurred for their professional service...

Published by Foez Dewan
10 September, 2019
Insolvency

“Going behind” a judgment debt in the bankruptcy context

The decision of the High Court of Australia in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 (Ramsay) clarified the limits of a Bankruptcy Court's discretion to "go behind" a judgment, that is, to...

Published by Foez Dewan
9 September, 2019
Insolvency

Another non-party director bites the dust

In December last year, we reported on a Federal Court judgment ordering costs against a non-party director for his unreasonable conduct to materially influence the conduct of a company involved in the winding up of the company. You can read the artic...

Published by Foez Dewan
30 July, 2019
COVID-19

Burning out procedural fairness: gross misconduct & unfair dismissal

All too often in unfair dismissal proceedings, a finding will be made by the Fair Work Commission (FWC) that an employee’s dismissal was harsh, unjust or unreasonable even where an employee’s wrongdoing, which formed the basis of their termination, i...

Published by McCabes News
29 May, 2019
Insolvency

Directors, take note: Increased penalties under Corporations Act are now law

As reported in our article The year ahead for directors: what’s in store for 2019, the Federal Government presented the Treasury Laws Amend...

Published by Andrew Lacey
13 May, 2019
Insolvency

Foreign company, unregistered and without an office in Australia, held to be amenable to a winding up order

In the recent decision of In the matter of TCL Airconditioner (Zhongshan) Co Ltd (No 2) [2019] FCA 257 the Federal Court held that a Chinese company was amenable to the Australian jurisdiction and thus could validly be served with a statutor...

Published by Foez Dewan
17 April, 2019
Insolvency

Authorised to lodge a caveat? Think again!

The ability to lodge a caveat is a valuable form of security for a lender to possess to protect their interests. However, what is often overlooked is that in order to lodge an effective caveat, a party must have a ‘caveatable interest’.   In

Published by Andrew Lacey
25 March, 2019
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