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...

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...

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...

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...

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...

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...

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...

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...

Commercial Disputes eBulletin - 25 January 2011
In a 2007 decision in relation to the Sons of Gwalia administration, the High Court held that a shareholder pursuing remedies for misleading or deceptive conduct and non-disclosure inducing him to purchase shares in Sons of Gwalia Ltd, was entitled to rank equally with general unsecured creditors of the company. Almost four years on, new legislation has been passed by the Australian parliament which, in effect, reverses Sons of Gwalia and once again subordinates all such shareholder claims. Read full article...

Commercial Disputes eBulletin - 14 January 2011
The Federal Court of Australia has held that secured creditors are able to be subrogated to employees' priority claims in circumstances where those priority claims have been paid out of charged assets. Read full article...