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16th Edition – National Insolvency & Reconstruction Quarterly Review

Market Insights

Welcome to the 16th Edition of our National Insolvency & Reconstruction Quarterly Review for the period 1 April 2016 – 30 June 2016.

In this edition, our team:

  • Provides an update concerning remuneration and proportionality in the appeal of the decision of Justice Brereton in the matter of Sakr Nominees Pty Ltd;
  • Sets out Part 2 of Is your Administration appointment valid? with a summary of some recent key decisions;
  • Reports on the decision of Hussain V CSR Building Products Limited; in the matter of FPJ Group Pty Ltd (in liq) [2016] FCA 392; concerning a claim pursuant to the Personal Property Securities Act and whether it is immune from an unfair preference claim;
  • Write about the approval of funding and indemnity agreements in the matter of the Bell Group Limited [2016] FCA 369; and
  • Report on a recent cross border insolvency decision where an Australian court did not recognise the US Chapter 11 proceeding as a foreign main proceeding or foreign non-main proceeding pursuant to the Cross Border Insolvency Act. Rather, the company was wound up pursuant to the assistance provisions pursuant to the Corporation Act, to read more click here.

We trust that you will enjoy this edition.

Important Disclaimer: The material contained in this publication is of general nature only and is based on the law as of the date of publication. It is not, nor is intended to be legal advice. If you wish to take any action based on the content of this publication we recommend that you seek professional advice.

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