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Litigation on-foot

Thinking| 15 Oct 2019

Litigation on-foot

Upon being appointed, insolvency practitioners are often faced with existing litigation involving the company or person they have been appointed to. There are a multitude of factors that the practitioner needs to consider in relation to existing litigation. This article sets out some key considerations for administrators, liquidators, receivers and trustees in bankruptcy, as well as the practical steps a practitioner should follow. Although the article refers to practitioners appointed to companies, the principles are also generally applicable for Bankruptcy Trustees.

Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

Thinking| 30 Jul 2019

Landlord caught between a rock and a hard ‘lease’: VCAT finds sand quarry to be a ‘retail premises’ lease

The Victorian Civil and Administrative Tribunal has recently handed down the decision of Phillips v Abel [2019] VCAT 1031 which continues the trend of pushing the boundary of what had traditionally been considered ‘retail premises’ for the purposes of the Retail Leases Act 2003 (Act). Following the comments made by the Victorian Supreme Court of […]

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 The High Court unanimously dismissed the appeal, upholding the Victorian Court of Appeal’s decision and confirming (although for differing reasons) that: […]

High Court of Australia rules that VCAT cannot hear disputes where a party is not a resident of Victoria

Thinking| 26 Apr 2018

High Court of Australia rules that VCAT cannot hear disputes where a party is not a resident of Victoria

Last week’s High Court decision in Burns v Corbett (2018) HCA 15 is likely to have far-reaching consequences for disputes in the Victorian Civil & Administrative Tribunal (VCAT) where one party resides outside of Victoria. The High Court held that section 75(iv) of the Australian Constitution provides courts with original jurisdiction in matters where parties […]

The growing trend of lease re-negotiation

Thinking| 22 Apr 2018

The growing trend of lease re-negotiation

Last week, it was reported that Myer has engaged leading insolvency specialist Mark Korda of KordaMentha to help its chairman negotiate with landlords. While Myer has publicly ruled out entering voluntary administration, Mr Korda’s presence will be enough to make the potential consequence of not reaching agreement obvious to landlords. Other tenants have utilised the […]