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High Court provides certainty for corporate trustees: Amerind

Thinking| 10 Jul 2019

High Court provides certainty for corporate trustees: Amerind

On 19 June 2019, the High Court delivered its judgment in one of the most hotly anticipated insolvency judgments this year, the Amerind appeal: Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth.1

Open Season on Judgment Debts in Bankruptcy Proceedings

Thinking| 18 Aug 2017

Open Season on Judgment Debts in Bankruptcy Proceedings

In a decision of considerable concern to creditors1, the High Court has determined that a bankruptcy notice founded on a judgment debt is open to challenge on the basis that there is a “sufficient reason” for questioning the underlying debt – ...

No indication of when the reduction in the bankruptcy minimum period to one year will occur

Thinking| 26 Jul 2017

No indication of when the reduction in the bankruptcy minimum period to one year will occur

In December 2015, the Federal Government proposed changes to its insolvency laws as part of its National Innovation and Science Agenda (NISA).

Secured creditors and unfair preference claims – appeal allowed from Tap Inn decision

Thinking| 23 Dec 2015

Secured creditors and unfair preference claims – appeal allowed from Tap Inn decision

On 1 December 2015, we wrote about the decision of His Honour Judge Chivell of the District Court of South Australia in Matthews v The Tap Inn Pty Ltd [2015] SADC 108. At the time we noted that the decision was subject to appeal, ...

Secured creditors exposed to unfair preference claims: When a secured creditor is not a secured creditor

Thinking| 01 Dec 2015

Secured creditors exposed to unfair preference claims: When a secured creditor is not a secured creditor

With the introduction of the unfair preference regime in the Corporations Act 2001, a short provision was included...