Insolvency Law Update - Re Amerind Pty Ltd (receivers and managers apptd) (in liq) [2017] VSC 127
Commercial LawRe Amerind confirms that trust property is not susceptible to the statutory priority regime in ss 433 and 556 of the Corporations Act.
Re Amerind confirms that trust property is not susceptible to the statutory priority regime in ss 433 and 556 of the Corporations Act.
A case involving fraud, constructive trusts, knowing assistance and receipt, agency, change of position, indefeasibility of title, in personam exceptions, tracing issues and more.
In a decision which will be welcomed by insolvency practitioners the NSW Court of Appeal overturned last year’s liquidator’s remuneration decision of Brereton J in the Sakr case.
Re Southern Riverina Dairy Group Pty Ltd (Administrators appointed) [2017] VSC 4 provides a useful summary of key legal principles that guide courts in granting such extensions.
Presentation given at the Leo Cussen Centre for Law considering Australian Securities and Investments Commission ("ASIC") litigation trends and highlights from 2016.
The unfair contract terms regime is set to assume a far greater importance for all commercial lawyers.
Recent cases clarify some of the principles litigation lawyers should be aware of when dealing with claims for damages that involve possible tax consequences for the plaintiff
The New South Wales Court of Appeal has confirmed that rectification of a contract is generally only available to redress a common mistake
Section 483(1) of the Corporations Act 2001 (Cth) is concerned with the “delivery of property to the liquidator”
The Victorian Supreme Court confirms that a claim under Barnes v Addy is not a personal equity which defeats the indefeasibility provisions of the Transfer of Land Act 1958 (Vic)