Conflicts of interest and the removal of liquidators
Insolvency eBulletin - 2 May 2013
In this eBulletin, we revisit the key fiduciary duties of a liquidator as the agent of the company under liquidation, and consider the issue of a conflict of interest and when this might arise. We also look at who is able to request that a liquidator be removed on the basis of a conflict of interest. Read full article...
The lost security risk
Corporate eBulletin - 31 July 2012
The Personal Property Securities Register was launched on 30 January 2012. As part of this process, over 4.7 million security interests recorded on 23 Commonwealth, state and territory registers were migrated across to the new register. A number of issues with the migration process were later identified and, as a result, the Attorney General has developed a "find and claim" process. In this eBulletin we discuss this process and let you know steps you need to take to find and claim your security interests. Read full article...
Serious problems with the PPS Act
Insolvency eBulletin - 29 March 2012
A number of problems with the Personal Property Securities Register have come to light, resulting in the need for lenders, security holders and practitioners to be on high alert and extra diligent when performing searches for existing charges and in protecting existing security interests over personal property. Read full article...
Parties with security interest beware
Insolvency eBulletin - 22 February 2012
The new personal property securities register went live on 30 January 2012 and will eventually provide a definitive list of all security interest in the personal property of an individual or corporation. However, a party with security interest should be aware that many of the associated transitional arrangements will have a significant impact on the priority of interests, particularly over the next two years. Read full article...
Overview of key proposed reforms to insolvency profession regulatory framework
Insolvency eBulletin - 16 January 2012
In December 2011, the Commonwealth government released a Proposals Paper titled "A modernisation and harmonisation of the regulatory framework applying to insolvency practitioners in Australia". The Proposals Paper sets out a large number of proposed reforms to the insolvency industry – some of which, if adopted, will entail significant changes to the industry. Read full article...
Regaining possession of property occupied by a company in administration
Insolvency eBulletin - 10 January 2012
A recent Supreme Court of Victoria decision provides important information concerning the factors which an administrator should consider in relation to a request by an owner or lessor to regain possession of property in the possession of, or used or occupied by a company in administration.  In this eBulletin, we have briefly summarised the decision and the key points most likely to be of interest to insolvency professionals. Read full article...
Amending draft documents in the course of commercial negotiations: a note to practitioners
Commercial Disputes eBulletin - 17 October 2011
Marking-up documents during negotiations may not be sufficient notice of changes made to commercial documents. Courts may set aside a critical term which has not been brought to a party's attention. Read full article...
De facto directors cannot appoint administrators
Commercial Disputes eBulletin - 17 June 2011
The Supreme Court of Victoria recently ruled that de-facto directors do not have the power to pass a resolution under theCorporations Act 2001 (Cth) appointing an administrator. Read full article...
Apple and its finance director not "shadow directors" of Apple's reseller, Buzzle
Commercial Disputes eBulletin - 17 June 2011
The NSW Court of Appeal recently upheld a ruling that, although Apple and one of its finance directors were accustomed to having Apple's reseller, Buzzle, comply with their instructions, neither was a 'shadow director' of Buzzle for the purposes of the Corporations Law (as it then was). Read full article...
Federal Budget 2011 - how will the proposed changes affect your business?
Commercial Disputes eBulletin – 2 June 2011
 The 2011 Federal Budget demonstrates an intention to give much wider powers to the Australian Taxation Office.  We explore how this is going to affect you and your business. Read full article...
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