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Insolvency, Credit Management and Debt Recovery

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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Failing to make PPSA registration costs landlord $460,000!

Posted on February 23, 2017

The decision of Flown Pty Ltd v Goldrange Pty Ltd [2016] WASC 419, handed down just prior to Christmas last year, provides a powerful…

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Insolvent Deceased Estates

Posted on August 02, 2014

In South Australia, there are two ways to deal with an insolvent deceased estate. Either pursuant to the Administration and Probate Act,…

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Keep the Cash Flowing - With SOP, "Near Enough" can be costly

Posted on May 02, 2014

Small errors in using the Building and Construction Industry Security of Payment Act 2009 (the Act) are proving costly. They can make debt…

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