Latest thinking

Thinking| 05 Dec 2019

A timely reminder: extensions of time for registration under PPSA

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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 ...

Thinking| 12 Sep 2019

A timely reminder: extensions of time for registration under PPSA

The decisions of In the matter of Assta Labels Pty Ltd [2018] NSWSC 1094 (Assta), In the matter of Psyche Holdings Pty Limited [2018] NSWSC 1254 (Psyche and, In the matter of Highlake Resources Pty Ltd [2018] FCA 1292 (Highlake) have added clarity to the factors ...

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 ...

Thinking| 28 May 2019

Expert determination: does ‘according to law’ mean free from legal error?

Lainson Holdings Pty Ltd (Lainson) has unsuccessfully challenged the outcome of an expert determination, on the grounds that the determination contained a legal error.1 The Court had to interpret a contractual provision requiring the expert to make a determination ‘according ...