Welcome to the latest edition of our National Insolvency & Reconstruction Quarterly Review for the quarter up to 30 September 2019.
In this edition we outline a few of the matters that our team have commented upon. In particular:
- Whether it is in the best interests of creditors for a voluntary administration to continue where a winding up application has already been filed in the recent New South Wales decision of Cresco Opus Fund No. 4 Pty Limited (Administrator Appointed)  (Rees J). Please click here;
- The South Australian decision of Zrieka v Royal considered the extent of the remedy that was available to a Trustee-in-Bankruptcy in seeking to unwind a transaction that was designed to defeat creditors. Please click here;
- Comment on the latest Treasury Law Amendment (Combatting Illegal Pheonixing) Bill 2019. Please click here;
- The Full Federal Court decision of White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson and its application in the recent Western Australian decision of Bullion Bourse Pty Ltd. Please click here;
- The recent New South Wales decision of Banerjee v Commissioner of Police and whether it is really worth trading a security services company? Please click here;
- New increased penalties for Corporations and Financial Services breaches pursuant the Treasury Laws Amendment (Strengthening Compensation and Financial Sector Penalties) Act 2019. Please click here; and
- The topical recent decision of ASIC v Westpac – “Responsible lending… or is it?”. Please click here.
We trust that you will enjoy this edition.