Court Cases

Colossal creditor pool a hindrance in the Rex Airlines administration?

Does the admission of a proof of debt create a liability?

Administrators accused of apprehended bias

What factors will a court consider in determining whether an administrator has a reasonable apprehension of bias?

Differential treatment of creditors of an equal class?

Will a court uphold a DOCA that differentiates between creditors of an equal class?

Misleading DOCA terminated

Extending time to register a security interest by over a year?

What is the test for extending the time to register a security interest under s 588FM of the Corporations Act?

Receivers and administrators face off over meaning of "in respect of"

What does the term “in respect of” mean in a specific security deed?

Making an application in the company’s name to set aside a winding up order?

Can a company’s director make an application in the company’s name to set aside a winding up order?

Former administrators' remuneration opposed by current liquidators

Should a court approve the fees of a company’s former administrators where the current liquidators oppose?

Inadvertently surrendering security?

In what circumstances will leave be given to amend a creditor’s petition?

Court addresses delicate interplay between special purpose and general administrators

Selecting a liquidator where shareholders disagree

What is the test for selecting a liquidator where shareholders disagree?