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Insolvency Law Bulletin (newsletter)
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2017
Volume 18 No 6 — June 2017
Insolvency Law Reform Act: commencement and transitional provisions
Extensions of time to register on the PPSR: Re 4 in 1 Wyoming Pty Ltd
PPS leases get another makeover
Insolvent trading claim by creditor: Appellate Court guidance in Treloar Constructions Pty Ltd v McMillan
Revisiting the invalid appointment of administrators on grounds of improper motives of directors
The case of the mysteriously disappearing secured debt under a deed of company arrangement: hard cases making bad law again?
Editor’s corner
Volume 18 No 5 — May 2017
General Editor’s reading list
Widening the scope for clawback? — Ashala Model Agency Pty Ltd (In Liq) v Featherstone
Loss of priority for employees of trading trusts confirmed
Singapore’s new “supercharged” scheme of arrangement
Reform for the wrong reasons? Observations and comments on the INSOL 10th World Quadrennial Congress
Editor’s corner
Volume 18 No 3&4 — April 2017
Liquidator’s remuneration: Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liq) v Sakr
New Zealand moves to disrupt phoenix activity
Insolvency Law Reform — corporate disciplinary committees and natural justice
Designated for assignment
A new path for those practitioners only doing receiverships
Insolvency practitioner remuneration under the new law and post-Sakr Nominees
Decision time
Commencement of the Insolvency Law Reform Act 2016: is the tail wagging the dog?
Insolvency Law Reform Act 2016 — issues for solicitors
Insolvency Law Reform Act 2016: practical implications for insolvency practitioners
Editor’s corner
Volume 18 No 2 — February 2017
Book review: Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context
Deeds of company arrangement and the role and powers of creditors’ committees: some guidance from New Zealand
“The last man standing”
PPSA time limits and judicial discretion — Walrus helps win Accolade for prudence
PPSR registration — near enough is not good enough!
Editor’s corner
Volume 18 No 1 — January 2017
General Editor’s reading list
Statutory demand upheld — loan repayable when borrower chose to repay
“DIP” — the cure to going under down under?
Invalid administrator appointments
Can the granting of a security interest constitute an unfair preference?
Editor’s corner
2016
Volume 17 No 9-10 — November 2016
Life after bankruptcy — owners corporation fees
Insolvency law reform in India
The other superpower? — s 30 of the Bankruptcy Act
Recovery of misapplied company assets: the strict liability claim in Great Investments Ltd v Warner
Committee of Inspection — validly constituted?
Procedural unfairness: how electronic filing can defeat an application to set aside a statutory demand
Liquidator’s distribution of floating charge proceeds under s 561: is the liquidator able to claim priority for the liquidator’s remuneration, costs and expenses ahead of employee entitlements?
Editor’s corner
Volume 17 No 8 — September 2016
General Editor’s reading list
Apparent authority and statutory demands
PPSA update: court orders later time for registration
Case update: Mentha, Re Arrium Ltd (administrators appointed): court extends time to register security interest given by company already in voluntary administration
Editor’s corner
Volume 17 No 7 — August 2016
Bankruptcy case for personal injury total and permanent disability claimant: Berryman v Zurich Australia Ltd
Managing class action rights in debt for equity swap schemes
Unfunded liquidators and court approval of deeds of assignment: Re Kevin Jacobsen Pty Ltd (in Liq)
A fruitless exercise: agricultural priorities and the utility of ss 85 and 86 of the PPSA 2009
Insolvency Law Reform — the 10-year ban
Editor’s corner
Volume 17 No 6 — July 2016
Assessing the high risks faced by creditors of commercial trusts and the need for reform
The ranking of unsecured creditors’ claims in the insolvency of corporate trustees: equity and corporate law’s black hole
Further implications arising from the Independent Contractor Services decision
Winding up insolvent corporate trustees — what happened to the liquidator?
Trustee “ejection clauses”: consequences for liquidators, receivers and creditors
Editors’ corner
Volume 17 No 5 — June 2016
General Editor’s pick of recent publications
PPSA update: identifying your security agreement
Ceramic Fuel Cells Ltd (in Liq) v McGraw-Hill Financial Inc [2016] FCA 401
A nation of failures?
Insolvency Law Reform — resignation versus cancellation
Editor’s corner
Volume 17 No 4 — May 2016
Challenging an administrator’s power of sale
The assignment of insurance policies and the Personal Property Securities Act 2009
Insolvency Law Reform — liquidator alert
Editor’s corner
Volume 17 No 3 — April 2016
Book reviews and recent publications
Dealing with creditors of a liquidated trustee company
Safe harbour defence for directors is on the way: Federal Government reveals transformational reform to Australia’s insolvency laws
Insurer’s liability to third parties: CGU Insurance Ltd v Blakeley
Editor’s corner
Volume 17 No 2 — March 2016
Equipment leasing and the PPSA — another painful lesson for lessors
In the matter of Avenue Investment Capital Pty Ltd (in liq)1
Does a deed of company arrangement extinguish claims by creditors for latent defects?
Insolvency Law Reform Bill 2015 (Cth) — the key takeaways
Editor’s corner
Volume 17 No 1 — February 2016
Case note: Bank of Queensland Ltd v Ross Auto Auctions Pty Ltd (in liq) (recs and mgrs apptd)
Appointment of administrators by sacked director held valid
Commissioner of Taxation v Australian Building Systems Pty Ltd — a missed opportunity?
Editor’s oil
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