Law updates

Buddle Findlay

Legal update on Insolvency Law

Chapman Tripp

Brief Counsel

  • July 2014 – What’s up in Australian insolvency law, and why should we care?
  • June 2014 – Crystal Ball gazing on the ‘big five’ insolvency issues
  • April 2014 – High Court rules against peak indebtedness
  • May 2014 – More than one way to recover insolvent transactions – but liquidators take care
  • November 2013 – Court of Appeal sides with defendant in ‘good faith’ defence
  • July 2013 – “Good faith” defence to insolvent transaction claims is narrow
  • July 2013 – Due process needed in insolvent transaction recovery
  • April 2013 – Insolvent transaction defences – courts deliver mixed results for liquidators
  • March 2013 – Ten years on, PPSA practice in New Zealand
  • December 2012 – Insolvent transactions prior consideration is enough for the good faith defence
  • October 2012 – PPSA priority set by date of registration, not perfection
  • July 2012 – Australia offers third route to perfection (in PPSA)
  • June 2012 – High Court clarifies PPSA priority race rules
  • April 2012 – Receivers must account to IRD for GST
  • March 2012 – PPSA Section 95 creates dilemma for receivers
  • Feb 2012 – Are trading trusts getting an easy ride Law Commission asks
  • Feb 2012 – Are you in the cross hairs for creditor claims
  • Jan 2012 – Supreme Court confirms limited scope of VA casting votes
  • Dec 2011 – Reinsurance process
  • Dec 2011 – Court of Appeal on receivers limitation of personal liability

Martelli McKegg

  • August 2013 – – Bankrupts beware
  • June 2013 – – Into the Void(able) transaction
  • June 2013 – Some hope for creditors
  • May 2011 – Financial Markets Authority steps up to an early first round win
  • Jan 2011 – Finance company not liable for oppressive Blue Chip scheme

Kensington Swan

  • July 2014 – Shortcuts more trouble than worth for voidable transactions
  • July 2014 – High Court grants leave to creditor to continue proceeding against company in liquidation
  • July 2014 – Criminalisation of directors’ duties – the final countdown
  • Sept 2013 – Court of Appeal clarifies test for creditors to inspect records
  • Aug 2013 – Voidable Transactions Defence: A restrictive interpretation of ‘Gave Value’
  • June 2013 – Is a shortcut to debt recovery for voidable transactions OK? The High Court says no.
  • April 2013 – Retrospective approval of liquidator’s remuneration dependant on appropriate delegation of work
  • April 2013 – Proposed legislative changes relevant to insolvency practitioners
  • June 2012 – Learning the lessons of history
  • November 2012 – Liquidators’ liability to pay costs personally

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