Pushing ‘START’ on button battery safety standards – Combating a danger lurking in the household
The new button/coin battery safety standards become mandatory on 22 June 2022. So as a manufacturer, importer, wholesaler or retailer of products that contain button batteries, what do you need to know? Purpose Button batteries are used in a broad range of products around our homes. These include watches, handheld computers and remote controls, key […]
ReadmoreFailure to launch: Liquidators fail to establish abuse of process in public examination summonses
Public examination can be a useful tool for parties in a liquidation to obtain information about matters relating to a company’s affairs. In the matter of Jewel of India Holdings Pty Ltd ACN 141 963 813 (in liquidation) [2022] NSWSC 356, the Court considered whether summonses for public examination, that were issued by the former […]
ReadmoreOptimising voluntary administration: In the matter of Merchant Overseas Logistics Pty Ltd [2022] VSC 154 opens the door for expediated creditor returns through secondary voluntary administration.
The Supreme Court of Victoria has considered the viability of allowing a company to enter a second voluntary administration after going into liquidation following a failed DOCA. The Court considered that rather than maintain a state of liquidation, the secondary voluntary administration process would better serve the best interests of creditors and optimise the efficiency […]
ReadmoreTrying to pull a fast one: An attempt to use family law orders to defeat creditors
Family law processes cannot be used to defraud creditors. In Re ZH International Pty Ltd (in liq),[1] the Supreme Court of New South Wales held that transfers of property from a company to the directors and shareholders of that company as part of family law proceedings were voidable transactions under section 588FF of the Corporations […]
ReadmoreExpansive Examination – High Court significantly expands public examination rights
In Walton & Anor v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation),[1] the High Court considered whether a summons issued to examine a former director of Arrium Limited (Arrium) was an abuse of process in respect of section 596A of the Corporations Act 2001 (Cth) (Act). In doing so, it recharted a […]
ReadmoreKeeping your skeletons buried – maintaining legal professional privilege in the investigation process
In the investigation process, questions regarding legal professional privilege often arise, especially as it relates to reports forming part of any investigations. Recently, Gadens examined the way in which legal professional privilege can pose operational hazards for multi-disciplinary firms. This article considers legal professional privilege generally, and how it may apply in the context of […]
ReadmoreService by crypto – a new use case for NFTs!
In Australia, service of legal documents needs to be effected through the Courts’ relevant civil procedure rules. Often this is personally (in the case of individuals) or at a company’s registered office (under 109X of the Corporations Act 2001 (Cth)). By order of the Court, however, service can be effected by other means – for […]
ReadmoreThe duty of care under the DBP Act can extend to owner developers who have ‘substantial control’ over the carrying out of building work
In The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2022] NSWSC 659, the plaintiff (Owners Corporation) commenced proceedings against Pafburn Pty Limited (First Defendant) (Builder) and Madarina Pty Limited (Second Defendant) (Developer) in relation to alleged defective construction work in respect of a strata development in North Sydney. The Developer was the owner […]
ReadmoreWorking out your priorities – how employee creditors claims were able to trump research and development tax refunds
In the recent case of In the matter of Spitfire Corporation Limited (in liquidation) and Aspirio Pty Ltd (in liquidation) [2022] NSWSC 340, the NSW Supreme Court has provided clarity on the order of priority for employee debts and secured creditor claims, where the key asset is an entitlement to tax refunds for research and […]
ReadmoreMissed it by that much: The FCA decides the proper construction of the UCPR in relation to online filing
In a recent case involving a default judgment to recover the sum of an outstanding loan, the Federal Court of Australia considered whether it had jurisdiction to set aside a bankruptcy notice issued against the guarantor of the loan and whether it had jurisdiction to extend the time for compliance with the bankruptcy notice. Background […]
ReadmoreCourt identifies a ‘very poorly drafted deed’ and sets aside Statutory Demand – reminder to have a properly drafted deed to avoid potential disputes
In the matter of Jana Pty Ltd[1] is a decision of the Supreme Court of New South Wales setting aside a Statutory Demand issued for an alleged guaranteed debt arising out of a Deed. The Deed contained conflicting and ambiguous clauses which led to a dispute about the debt specified in the Statutory Demand. This […]
ReadmoreThe Court’s willingness to extend the convening period for a meeting of creditors where the administration is large and complex
In Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169, the Federal Court heard the second application by the administrators who were seeking an extension to the convening period for the second meeting of creditors, which pursuant to section 439A(5) of the Corporations Act 2001 (Cth) (the Act) was set […]
Readmore
