Year
CORPORATIONS – Corporations Act (Cth) 2001 – Second plaintiff’s (Legend) entry into a Bond Deed and General Security Deed after the commencement by substantial creditors of a proceeding in the Supreme Court of Victoria for orders to enforce a Singapore arbitral award which the High Court of Singapore granted leave…
Year
INSOLVENCY – Dormant mining company with insufficient cash to meet liabilities – Ownership of valuable mining tenements through subsidiary – Whether tenements realisable within reasonable period to enable payment of debts – Whether company able to pay all its debts as and when they became due and payable – Whether…
Year
List A barristers Chris Archibald QC, Vicki Bell and Sahrah Hogan appeared in this case. Between 1 January 2017 and 1 April 2019, Forex Capital Trading Pty Ltd (Forex CT), through its representatives, provided personal advice to eight retail clients in relation to complex leveraged financial products – namely foreign…
Year
CORPORATIONS – application by administrators for leave under s 44C(2)(c) of the Corporations Act 2010 (Cth) to dispose of property of the companies under administration that is subject to a security interest and property used or occupied by, or in the possession of, the companies under administration but of which…
Year
CORPORATIONS – Application to set aside a statutory demand pursuant to s 459G of the Corporations Act 2001 (Cth) – Whether there is a genuine dispute as to the existence of the debt – The meaning of debt in s 459E of the Corporations Act 2001 (Cth) – Whether a…
Year
CORPORATIONS – where court made order appointing first and second plaintiffs receivers (Receivers) over certain grain held by the third plaintiff, a grain growers’ Co-operative – where prior to their appointment Receivers appointed as voluntary administrators of the Co-operative – where Receivers in their capacity as voluntary administrators took steps…
Year
Final hearing of application for orders under s 1101B of the Corporations Act 2001 (Cth) following findings of contravention; acting for ASIC, led by Michael Borsky KC, Chris Tran and Dan Fuller, with Nic Congram, instructed by MinterEllison.
Year
Corporations- officers- termination payments- ss 200A, 200B and 200F Corporations Act 2001 (Cth)- receivers and managers- priority of debts- employee entitlement- whether employee’s leave entitlements have priority- ss 433, 556 Corporations Act 2001 (Cth)
Counsel
Counsel
Year
Led by J Moore KC. Corporations law, construction of s 561 of the Corporations Act 2001(Cth).
Year
Led by H Austin KC. Corporations law, application for approval of agreement under s 477(2B) of the Corporations Act 2001 (Cth).
Year
Corporations law, application under s 419A of the Corporations Act 2001(Cth).
Year
CORPORATIONS – insolvency – voluntary administration – receivers appointed concerning trust assets – sale of property and business – order under s 442C(2)(c) of the Corporations Act 2001 (Cth) for disposal by administrators of encumbered property – operation of s 441A on the mortgagee – relevance of enforcement action by…
Year
Led by H Austin KC. Corporations law, application under s 588FF(3)(b) of the Corporations Act 2001(Cth).
Year
Unled. Corporations law, application under s 471B of Corporations Act 2001 (Cth).
Year
Led by H Austin QC. Corporations law, environmental liabilities, disclaimer of property.
Year
Acted for first defendant company in proceeding in the Federal Court of Australia; led by Phillip Crutchfield QC – application by ASIC to wind up solvent companies on the just and equitable ground – s 461(1)(k) Corporations Act 2001 (Cth) – application to wind up managed investment scheme under s…
Counsel
Acted for the plaintiffs in proceeding in the Supreme Court of Victoria; led by C Scerri QC – corporations – sale of business – business sale agreement and shareholders’ agreement – representations and warranties – allegations of contraventions of ss 181 and 182 Corporations Act 2001 (Cth) – allegations of…
Year
CORPORATIONS – Administrators appointed to a group of companies – Companies insolvent – Two of the companies were carrying on business as a partnership – Another company acted as an agent in trading on behalf of the partnership – Administrators seeking directions in order to be able to more properly…
Year
CORPORATIONS – Application by liquidators for directions – Liquidators winding up a company that acted as a trustee carrying on a family restaurant – Company now a bare trustee – Liquidators seek a direction that they are justified in being reimbursed out of the trust assets for the reasonable cost…
