Legal & Industry Insights

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Are equitable charge holders secured creditors for the purposes of the Bankruptcy Act 1966 (CTH)?

In June 2017, the Full Court of the Federal Court of Australia1 in Morris Finance Ltd v Brown [2017] FCAFC 97…

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20th Edition – National Insolvency & Reconstruction Quarterly Review

Welcome to the latest edition of our National Insolvency & Reconstruction Quarterly Review for the period 1 April 2017 to…

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Warning: When s267 of the PPSA bites….588FM of the Corporations Act cannot save you!

A recent decision of the Supreme Court of Western Australia has provided further confirmation in relation to perfection, priority and…

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Examine away – The power to conduct examinations pursuant to section 596a of the Corporations Act is confirmed after Mr Palmer's constitutional challenge

As mainstream media have widely reported, following the winding up of Queensland Nickel, Mr Clive Palmer sought declarations and orders…

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The Sakr nominees appeal: clarification of the assessment of reasonable remuneration

Since September 2014, Justice Brereton in the Supreme Court of New South Wales has delivered a number of judgments approving…

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Transactions void as against everybody?

We have now passed 1 March 2017 and there are some new rules in town. Section 100-5 of Schedule 2…

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