28th Edition – National Insolvency & Reconstruction Quarterly Review

18 October 2019

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) [2019] (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.

Subscribe to HWL Ebsworth Publications and Events

HWL Ebsworth regularly publishes articles and newsletters to keep our clients up to date on the latest legal developments and what this means for your business.

To receive these updates via email, please complete the subscription form and indicate which areas of law you would like to receive information on.

Contact us