Case Reports

Case: Post-administration PMSI registration validated and afforded super priority (22/06/2026)

Case: Full Court confirms robust nature of s 139ZQ notices (1/06/2026)

Case: Court grants s444GA leave where DOCA topped liquidation value and pre-appointment share price (28/05/2026)

Case: ATO garnishee notices can bypass the administration moratorium (25/05/2026)

Case: Strawberry fields are not forever and is COVID still a thing? (7/05/2026)

Case: Is a company solvent if supported by a related entity? (4/05/2026)

Case: Not Dead Yet! The Vampire Life of PIAs (28/04/2026)

Case: Court considers obligations of Official Receiver under section 139ZQ of the Bankruptcy Act (1/04/2026)

Case: Federal Court grants leave for director-duty derivative claims only (12/03/2026)

Case: Federal Court considers the statutory requirements for the resignation of directors (26/02/2026)

Case: Interaction of s 486 and IPS / IPRs for creditor information requests (12/01/2026)

Case: Australian Information Commissioner v Australian Clinical Labs Limited (No 2) (8/12/2025)

Case: Court provides clarification on conflict rules in group appointments (2/12/2025)

Case: Court clarifies priority of petitioning creditor's costs after voluntary bankruptcy (1/12/2025)

Case: Court grants retrospective approval of agreements which may operate for more than 3 months (25/11/2025)

Case: Australian decision highlights need for timely deregistration of security interests (21/11/2025)

Case: Shareholder ratification not applicable to director conduct adverse to interests of creditors (21/11/2025)

Case: Cussen, in the matter of Monarch Tower Pty Ltd (in liq) [2025] FCAFC 137 (17/11/2025)

Case: Pooling orders and ‘material disadvantage’ (31/10/2025)

Case: Court delivers interesting decision on “execution”, and the relation back doctrine (23/10/2025)

Case: Court confirms AI not up to the heavy burden of annulling bankruptcy (10/10/2025)

Case: Court of Appeal clarifies test to be applied for a s 444GA share transfer (22/09/2025)

Case: NSW Supreme Court guidance on assignment of claims (8/09/2025)

Case: Court provides guidance on when the “COVID-19 safe harbour” under s588GAAA may not apply (5/09/2025)

Case: Court confirms secured creditor s553C set-off & reaffirms timing of s561 assessment (4/08/2025)

Case: Voluntary administrator’s conflict - A consideration of the Keybridge decisions (23/06/2025)

Case: Liquidators transition Ally Fashion into administration to facilitate DOCA proposal (11/06/2025)

Case: Bankrupt a trustee - whether the estate’s right of retainer is a “debt…provable in…bankruptcy” (19/05/2025)

Case: Full Court guidance on the approach to unreasonable director-related claims (12/05/2025)

Case: Application to set aside a personal insolvency agreement by Inspector General (9/05/2025)

Case: Court clarifies principles to be applied in reinstating a company (7/05/2025)

Case: Court finds DOCA proponent and contributor has no right to repayment from deed fund after DOCA (9/04/2025)

Case: High Court determines a successor trustee does not owe fiduciary duties to a former trustee (3/04/2025)

Case: Court holds that the period for proposing a restructuring plan can be extended after expiry (19/03/2025)

Case: Trustees must carefully consider appointment challenges noting potential personal costs exposu (18/03/2025)

Case: FCA finds services provided by lawyer to bankrupt & paid by third parties constitutes "income" (14/03/2025)

Case: Court clarifies obligations of practitioners before accepting a secured creditor appointments (10/03/2025)

Case: Indemnity costs ordered against liquidator (10/02/2025)

Case: Unassessed claim for damages not a provable debt in bankruptcy (3/02/2025)

Case: Liquidators bear costs of retrospective approval under section 477(2B) of the Corporations Act (14/01/2025)

Case: Court replaces administrators of fund manager (25/11/2024)

Case: Adjournment of winding up applications when company under restructuring (25/11/2024)

Case: Administrators’ successful application precluding exercise of third-party property rights (25/11/2024)

Case: Forgiveness of debt under deed held to be void as an uncommercial transaction (18/11/2024)

Case: Further advances under existing loan agreement varied post-execution of a DOCA (4/11/2024)

Case: Appointment of a provisional liquidator and confidentiality orders (21/10/2024)

Case: High Court refuses pooling order (14/10/2024)

Case: Extensions of time for voidable transaction claims upheld on appeal (30/09/2024)

Case: Does admission of a proof of debt give rise to an enforceable liability? (24/09/2024)

Case: Service requirements of an application to set aside a statutory demand (16/09/2024)

Case: Court clarifies stance on directors’ duties prior to liquidation (9/09/2024)

Case: Federal Court delivers judgment on creditor-defeating disposition against third party restruct (2/09/2024)

Case: A judgment sum can be a ‘circulating asset’ from which employee entitlements have priority (19/08/2024)

Case: be careful not to over-step when proposing a DOCA or it could be invalid or set aside (12/08/2024)

Case: Court constructions – the limits of ‘in respect of’ in definitions of ‘Secured Property’ (7/08/2024)

Case: Court terminates a DOCA five years after execution (23/07/2024)

Case: Federal Court twice denies receivers' request for judicial advice (15/07/2024)

Case: Assessing public interest and commercial morality: Court upholds DOCA despite allegations (8/07/2024)

Case: Recovery of external administrator remuneration from project/retention trust accounts (3/07/2024)

Case: Contested shelf orders and the extension of time (26/06/2024)

Case: Court determines third party payment is not an unfair preference (19/06/2024)

Case: Removal of bankruptcy trustee on application of bankrupt (3/06/2024)

Case: Court cautions liquidators to comply with compulsive orders (27/05/2024)

Case: Court clarifies when liquidators need approval to enter into retainer and costs agreement (13/05/2024)

Case: Court affirms longstanding test for determining the insolvency of a company (6/05/2024)

Case: Administrators’ application to extend s 443B notice period refused (29/04/2024)

Case: Court remedies inadvertent error on creditor’s petition (23/04/2024)

Case: Transfers from husband to wife declared void (2/04/2024)

Case: Termination of a DOCA for abuse of Pt 5.3A (26/03/2024)

Case: Bankrupt sentenced to imprisonment for disposing of assets (18/03/2024)

Case: Court dismisses an attempt to reopen Arrium administration following final distributions (5/03/2024)

Case: Arrest warrants following failure to attend public examinations (26/02/2024)

Case: Is it just? Is it equitable? Appointment of provisional liquidators (19/02/2024)

Case: Unreasonable director-related transaction – how far is s 588FDA’s reach? (5/02/2024)

Case: Definition of insolvency event (22/01/2024)

Case: Recovery of superannuation contributions as transactions to defeat creditors (17/01/2024)

Case: Update to FEG appeals on s 561 issues (12/12/2023)

Case: Court confirms proper procedure to commence insolvent trading proceedings (5/12/2023)

Case: Costs orders against trustee in bankruptcy (27/11/2023)

Case: Dishonesty offences and automatic disqualification (27/11/2023)

Case: Avoiding insolvency - Judicial advice to a superannuation trustee (20/11/2023)

Case: Claiming penalty privilege in response to a s 596B summons to produce documents (30/10/2023)

Case: The Federal Court confirms that an EFT transaction constitutes a “payment of money” (24/10/2023)

Case: Meaning of ‘property of bankrupt’ and ‘property divisible amongst creditors of the bankrupt' (16/10/2023)

Case: Do consensual payments into Court give rise to a registrable security interest? (25/09/2023)

Case: The perils of filing an application to set aside a bankruptcy notice on the last day (18/09/2023)

Case: Relief from liability granted to power station administrators for costs of rebuild (11/09/2023)

Case: Federal Court provides much needed guidance on ability to prove of arbitral awards under DOCA (5/09/2023)

Case: a winding-up application is not the time to run arguments against the statutory demand (28/08/2023)

Case: Terminating DOCAs for misleading information in and omissions from creditor reports (21/08/2023)

Case: Variation of Small Business Restructuring Plan approved by the Court (17/08/2023)

Case: When can you terminate a deed of company arrangement? (14/08/2023)

Case: DOCAs cannot be used to abuse the objectives of Pt 5.3A of the Corporations Act (14/08/2023)

Case: Guidance on marshalling where creditors hold securities of different priority (8/08/2023)

Case: Taking care of business – asset sales prior to the first meeting of creditors (7/08/2023)

Case: Relief under ss 139D(2) and 139E(2) of the Bankruptcy Act (25/07/2023)

Case: Court finds that AAT cannot set aside IG’s decision not to review income assessment (24/07/2023)

Case: Use of s 81 examination transcripts in proceedings claiming a dishonest and fraudulent design (19/07/2023)

Case: Court clarifies that relief not required for PPSA interests granted after appointment (18/07/2023)

Case: Court clarifies the circumstances in which R&D tax refunds are not circulating assets (10/07/2023)

Case: Use of a holding DOCA to avoid liquidation provision of SOP Act is not an improper purpose (3/07/2023)

Case: Step-in rights and power of attorney are s 12 security interests under the PPSA (22/06/2023)

Case: Determining insolvency based on future debts and a company officer’s personal liability (13/06/2023)

Case: CA s 561 has no application if secured debt fully paid out of non-circulating assets (24/04/2023)

Case: Court grants 12-month extension of convening period to facilitate trading (3/04/2023)

Case: High Court affirms that a voidable transaction cannot be set-off against pre-liquidation debt (6/03/2023)

Case: The High Court rules a line through the 'peak indebtedness rule' (28/02/2023)

Case: Paying remuneration and costs from trust assets: guidance for liquidators (31/01/2023)

Case: Adjudicating proofs of debt in assetless liquidations and cost implications (12/12/2022)

Case: To injunct, or not to injunct? That is the question ... (1/12/2022)

Case: Remuneration Determinations - Liquidators' Success Fee (28/11/2022)

Case: Practical guidance for receivers when exercising their power of sale (21/10/2022)

Case: Is a bankrupt released from a judgement debt where the original debt was incurred by fraud? (12/10/2022)

Case: Claim under D&O policy defeated where director's company benefited from director's breach (26/09/2022)

Case: SOPA and insolvency intersect again (20/09/2022)

Case: Reasonable to pursue an unreasonable director-related transaction in a solvent liquidation (7/09/2022)

Case: Public examinations - liquidators' right to commercially sensitive information & documents (15/08/2022)

Case: When an objection is objectionable (14/07/2022)

Case: Objecting to the decision to discharge of Salim Mehajer - Administrative review (4/07/2022)

Case: Trustee successfully recovers property (27/06/2022)

Case: Court defends Administrators' remuneration 'you can't have your cake and eat it too' (3/06/2022)

Case: A 'blatant example of phoenixing' - anti-phoenixing laws to the rescue (24/05/2022)

Case: Refresher on the pre-conditions for leave under section 459S (23/05/2022)

Case: NSWSC clarifies priority of claims over R&D tax refunds between employees and secured creditor (17/05/2022)

Case: Judicial advice sought re character, enforceability & priority of entitlements to trust assets (19/04/2022)

Case: Liquidators seek to appoint themselves as administrators (7/04/2022)

Case: When is defeating creditors the 'main purpose' of a transfer of property? (4/03/2022)

Case: Liquidator's disclaimer of contaminated land set aside - Victorian Court of Appeal decision (28/02/2022)

Case: Use of public examination powers significantly increased by High Court (23/02/2022)

Case: Can cash derived from income ever be 'after-acquired' property? (15/02/2022)

Case: Independence - A shift in the test? (21/12/2021)

Case: Section 444GA(1) - Not just for deed administrators (1/12/2021)

Case: The scope of limiting document production orders pursuant to a public examination (24/11/2021)

Case: Court looks at series of transactions which as a whole aim to defeat creditors in a bankruptcy (16/11/2021)

Case: Examining purpose and motivation - eligible applicants & public examinations (10/11/2021)

Case: Court validation of a voluntary administrator's appointment (1/11/2021)

Case: Settle down - fiduciaries, accessories and settlement against multiple defendants (25/10/2021)

Case: A recap of liquidators' remuneration principles (18/10/2021)

Case: The use of s 447A of the Corporations Act to facilitate a share transfer (6/10/2021)

Case: Staying or adjourning a winding up application during a receivership (29/09/2021)

Case: Appointing a special purpose liquidator or reviewing liquidator (20/09/2021)

Case: Determining insolvency as a preliminary question in parallel proceedings (15/09/2021)

Case: Litigation funding agreements - principles for court approval (6/09/2021)

Case: Liquidator may rely on unreconciled accounts to prove a company is insolvent (30/08/2021)

Unfair preferences - continued relevance of the doctrine of ultimate effect (18/08/2021)

Case: Sequestration orders and asking the court to go behind a judgment debt (11/08/2021)

Case: Obtaining an extension of time to set aside an examination summons (2/08/2021)

Case: Statutory demands – informal service and a declaration of nullity as a set aside alternative (26/07/2021)

Case: Bankruptcy Trustees recover real estate held on resulting trust for bankrupt (19/07/2021)

Case: 'Examinable affairs' provides a low threshold in the issue of an examination summons (12/07/2021)

Case: The need to plead carefully to set aside a statutory demand (5/07/2021)

Case: A contract for sale is not a financial record available for inspection (30/06/2021)

Case: Second Badenoch decision creates even more uncertainty for unfair preference recoveries (28/06/2021)

Case: FEG redundancy exclusions – termination of SME employees after restructure (22/06/2021)

Case: Holding the assets – Federal Court guidance on asset valuation and distribution (15/06/2021)

Case: Look before you launch litigation – a cautionary tale for liquidators (12/06/2021)

Case: Can s 139ZQ notices be issued after discharge & to extend limitation periods? (8/06/2021)

Case: Disclaimed property vested absolutely in mortgagees (26/05/2021)

Case: Retrospective approval to sell trust assets is a last resort (19/05/2021)

Case: Approval for proposed transactions under ss 477(2A) & 477(2B) of Corporations Act (13/05/2021)

Case: Full Federal Court expands scope for running accounts & overturns peak indebtedness rule (11/05/2021)

Case: Liquidator of corporate trustee seeks to sell assets subject to trustee's right of exoneration (5/05/2021)

Case: Distributing dividends when a bankrupt has not filed a statement of affairs (27/04/2021)

Case: Can assignees of liquidators' claims use public examination docs in enforcement proceedings? (21/04/2021)

Case: When a liquidator is also the bankruptcy trustee of the company's sole shareholder (13/04/2021)

Case: Discretion to extend adjournment period for creditors' meetings (7/04/2021)

Case: GST credits on pre-appointment acquisitions (31/03/2021)

Case: Federal Court expands the scope for effecting valid service of a statutory demand (31/03/2021)

Case: ATO to repay $2m in 'third party' preferential payments made while company subject to DOCA (24/03/2021)

Case: Court grants extension of time for SPLs to bring voidable transaction claims (22/03/2021)

Case: Another judgment on interaction of SBR & winding up (17/03/2021)

Case: Establishing breach & accessorial liability does not equate to loss or damage (12/03/2021)

Case: Small business restructuring & winding up - is the right balance being struck? (9/03/2021)

Case: When is a company insolvent? (3/03/2021)

Case: Considerations for the appointment of a special purpose liquidator (23/02/2021)

Case: Conduct of director in an application to wind up on just & equitable grounds (15/02/2021)

Case: Obtaining summary judgments in insolvent trading claims (9/02/2021)

Case: Court dismisses landlord application to wind up tenant (3/02/2021)

Case: Restructured companies to vest like the rest (14/12/2020)

Case: Right to tenant's property on abandonment of lease by liquidator (8/12/2020)

Case: Court finds utility in the appointment of an insolvency referee (1/12/2020)

Case: Creditors - powers of examination (23/11/2020)

Case: When does a transfer of shares under s 444GA cause unfair prejudice to shareholders? (17/11/2020)

Case: Dealing with trust assets where the trustee is bankrupt (13/11/2020)

Case: Liquidators justified in regarding a secured creditor as subrogated in equity to the priority (10/11/2020)

Case: Litigation cannot proceed as a stalking horse for those who stand behind it (3/11/2020)

Case: Court preserves confidentiality of deed of assignment between ATO & liquidator (26/10/2020)

Case: Remuneration: proportionality, complexity & evidence of reasonableness considered (20/10/2020)

Case: Court refuses to exercise discretion to set aside a DOCA (14/10/2020)

Case: Court clarifies standing for membership of committees of inspection (1/10/2020)

Case: Application to remove liquidators refused (30/09/2020)

Case: Consideration of remuneration based on manner and quality of work (22/09/2020)

Case: Virgin - Administrator's power of sale versus creditor democracy (21/09/2020)

Case: Voluntary administrator entitled to passwords to access electronic data (14/09/2020)

Case: State environment legislation trumps liquidators' disclaimer (again) (10/09/2020)

Case: Trustee entitled to remuneration despite sequestration order set aside (7/09/2020)

Case: When does a third-party payment constitute an unfair preference? (31/08/2020)

Case: Court clarifies where a public examination will constitute an abuse of process (25/08/2020)

Case: Court considers treatment of rent accrued in standstill period (23/07/2020)

Case: Court releases reasons in Virgin confidentiality application (16/07/2020)