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34 results
Three of a kind: Federal Court provides clarification on key issues in determining unfair preference claims

Thinking| 19 Jun 2020

Three of a kind: Federal Court provides clarification on key issues in determining unfair preference claims

In three related judgments delivered on 27 May 2020, Justice Davies found in favour of the liquidators of Gunns Limited (in liquidation) (Liquidators) against creditors Badenoch Integrated Logging Pty Ltd (Badenoch), Bluewood Industries Pty Ltd (Bluewood), and Edenborn Pty Ltd (Edenborn) for ...

Marshalling: how it can help a second mortgagee

Thinking| 26 May 2020

Marshalling: how it can help a second mortgagee

In this article, our Litigation and Dispute Resolution team explain the doctrine of marshalling, provide a practical example and examine a recent decision of the Victorian Court of Appeal.

Can a company be a shadow director of another company?

Thinking| 19 May 2020

Can a company be a shadow director of another company?

In the recent High Court decision of ASIC v King, Justices Nettle and Gordon observed that 'there is substantial room for people outside the boardroom to have a significant effect on a corporation'. In this update, we consider whether a ...

Voluntary administration in a global pandemic: a time for flexibility

Insolvency| 11 May 2020

Voluntary administration in a global pandemic: a time for flexibility

The COVID-19 pandemic has created practical challenges for voluntary administrators. In this article, we review a number of recent decisions which highlight the flexibility within the voluntary administration regime, and the court’s approach in aiding voluntary administrators during their ...

The show goes on: court’s flexible approach to civil applications in light of COVID-19

Insolvency| 05 May 2020

The show goes on: court’s flexible approach to civil applications in light of COVID-19

In the decision of Goyal handed down on 7 April 2020, Justice Markovic of the Federal Court has given approval to liquidators to enter into a litigation funding agreement under section 477(2B) of the Corporations Act 2001 (Cth). Our Dispute Resolution team explains ...