The Powers of Attorney Act 2014 (Vic) (the Act) provides strict rules that attorneys under an enduring power of attorney (POA) are subject to. Conflict …
Review of sequestration orders dismissed – rejection of bankrupt’s explanation of decision not to defend underlying claim
The Federal Circuit Court has recently dismissed a bankrupt’s application for review of sequestration orders. See the recent case of Commonwealth Bank of Australia Ltd …
Summary Judgment Applications in Queensland
Have you been served with a Summary Judgment Application? Following the filing of a Notice of Intention to Defend and Defence by a Defendant, a …
Insolvency Law Reform Part Two: ipso facto provisions
In Part One of this article (Insolvency Law Reform Safe Harbour Provisions), we reviewed the amendments to the Corporations Act 2001 (Cth) introducing a safe …
Insolvency Law Reform: Safe Harbour Provisions
6 months on from the introduction of insolvency law reform, it is time to check in with the provisions and to ensure that directors remain …
Can the Bankruptcy Courts rely on a judgment debt? Not anymore…
On 17 August 2017, the High Court of Australia handed down its reasons in the matter of Ramsay Health Care Australia Pty Ltd v Compton …
When does the clock start ticking?
The doctrine of service & defining the ‘ordinary course of post’[1] The doctrine of service is essentially the timing clock to which the legal process …
Dealing with assets of a company in liquidation post Amerind
In a judgment handed down on 23 March 2017, Robson J of the Supreme Court of Victoria considered whether assets of a company in liquidation …
Insolvency and PPSR Industry Update
Proposed amendments to PPS Leases On 1st March 2017, Personal Property Securities Amendment (PPS Leases) Bill 2017 (Bill) was read in Parliament. The following amendments …
