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Thinking| 23 Feb 2016
In a decision which potentially increases the assets available to liquidator and bankruptcy trustee plaintiffs, the High Court in CGU Insurance v Blakeley1 has recently determined that plaintiffs may seek to join insurers to proceedings in circumstances where indemnity under ...
Thinking| 23 Dec 2015
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  SADC 108. At the time we noted that the decision was subject to appeal, ...
Thinking| 30 Apr 2015
The Court of Appeal of the Supreme Court of Victoria in Boz One Pty Ltd v McLellan has recently confirmed that it will adopt a commercial approach to assessing the conduct of receivers.
Thinking| 10 Mar 2015
Secured creditors and liquidators are often met with the assertion that funds or property owned by a company that would otherwise be available for distribution to secured or unsecured creditors, are actually held on trust for someone else.
Thinking| 18 Feb 2015
Where a loan is guaranteed by multiple parties, a lender will often issue demands and then commence proceedings against all guarantors.