Pre-appointment work – where is the line?
The importance of a Declaration of Independence, Relevant Relationships and Indemnities (DIRRIs) and the independence of external controllers has been…
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In the matter of Ten Network Holdings Limited (Administrators Appointed) (Receivers and Managers Appointed) and Others [2017] NSWSC 1247
Background The Ten Group of Companies (Ten Group) entered into voluntary administration on 14 June 2017 and appointed Mark Korda,…
Insolvency Law Reform – A new world for creditors after 1 September 2017
The Insolvency Law Reform Act 2016 (Cth) (ILRA) has introduced an extensive suite of changes to insolvency law. The reforms…
Limitations to the right of set off
Introduction A recent decision of the Supreme Court of Western Australia has held that where a company is in liquidation:…
Creditors beware: a judgment debt is not always enough
Introduction It is well-known that Bankruptcy Courts have the power (and obligation) to ‘go behind’ a judgment in certain circumstances…
Door rolls open for administrators to recover remuneration for work impliedly requested: the latest in a line of cases on invalid appointments
Darwin is not ordinarily regarded as a petri dish of insolvency jurisprudence, but the Northern Territory Supreme Court’s recent decision…