In Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 (“Mad Brothers”), the Victorian Court of Appeal has provided some much-needed clarity as to the circumstances in which a liquidator can claw … [Read more...]
Can a Payment Made by an Insolvent Company to a Secured Creditor Still be an Unfair Preference Payment?
We recently provided advice to liquidators with respect to unfair preference payments made by the insolvent company to which they had been appointed to a supplier under a retention of title agreement … [Read more...]
When is a Company Insolvent?
Whether a company is insolvent can be relevant in a number of circumstances. A director of a company must understand whether the company to which it has been appointed is insolvent so as to avoid … [Read more...]
Priority Employee Entitlements and Liquidations of Corporate Trustees – Position Clarified but Legislative Reform is Required
A recent decision of the Victorian Supreme Court has highlighted the need for legislative reform with regards to the Corporations Act 2001 (Cth) (the “Act”). Pursuant to section 561 of the … [Read more...]