Insolvency, Credit Management and Debt Recovery

Correcting defective PPSA registrations: Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd [2021] FCA 447

Posted on September 20, 2021

The facts HM Aircraft Holdings Pty Ltd (HM Aircraft), operates a regional Australian airline. The Commonwealth Bank of Australia (CBA)…

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Service of statutory demands – have the goal posts shifted?

Posted on August 05, 2021

Statutory demands, when used correctly, are an important tool to recover outstanding debts. Over the years, when it came to service, strict…

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LCM: Considering the interaction between the Harman undertaking and assigned actions

Posted on May 12, 2021

In the recent decision of LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd (In Liq)[1] (LCM), the Federal Court of Australia…

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Onthego: a timely reminder about service of statutory demands

Posted on April 19, 2021

The recent decision of Intelogent Pty Ltd v Onthego Group Pty Ltd [2021] FCA 257 has provided useful discussion about service of statutory…

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Delaying the inevitable? – temporary insolvency relief extended to 2021

Posted on September 09, 2020

In March this year, the Australian Government implemented new measures to assist financially distressed businesses and individuals to…

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The Court reaffirms the strictly held position of what is in “creditors' best interests?”

Posted on September 02, 2020

It has been two years since the decision in SFL/Piletech (EA) Pty Ltd [2018] NSWSC 637 (Piletech) seemingly “increased” the hurdle for…

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Avoiding Unfair Preferences: Third Party Payments

Posted on August 24, 2020

In the recent decision of Cant & Anor v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198, the Victorian Court of Appeal has clarified…

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Timberworld: did creditors jump the Gunn?

Posted on July 16, 2020

Since judgment was delivered in Timberworld Ltd v Levin[1] (Timberworld) in 2015, creditors have referred to the New Zealand decision to…

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PMSI super-priority confirmed by South Australian Supreme Court

Posted on September 21, 2018

Last Friday, the Full Court of the Supreme Court of South Australia delivered its judgment in Samwise Holdings Pty Ltd v Allied…

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Section 440A - the changing landscape of what is considered a “creditor’s best interest”

Posted on September 07, 2018

Section 440A of the Corporations Act 2001 (Act) empowers the Court to exercise its discretion to adjourn a winding up application, if it is…

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