The Victorian Court of Appeal recently held that a payment, disposition or grant of security by a company to a person on behalf of, or for the benefit of a director of the company, extends to a mortgage of land given by the...more
The two-year transitional period under the Personal Property Securities Act 2009 (PPSA) ends on 31 January 2014. After this date, any remaining TSIs that have not been registered on the Personal Property Securities Register...more
The High Court has found it permissible for liquidators of corporate landlords to "disclaim" leases held by solvent tenants.
While it has been typical for the liquidator of an insolvent lessee to repudiate the lessee’s...more
The New South Wales Court of Appeal has clarified the operation of the statutory charge on insurance proceeds (charge) provided for in NSW by section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW). In a lengthy...more
The first judgment regarding a major Personal Property Securities Act (PPSA) priority dispute between a bank with a perfected "General Security Agreement" and an equipment owner with an unperfected "PPS Lease" has been handed...more
The decision in Re Octaviar Administration Pty Ltd (in liq)  NSWSC 786 highlights two key issues for insolvency practitioners...more
The English Court of Appeal found it lawful for cash payments to be offered to bondholders, in return for support of a financial restructuring.
Two reforms proposed in a recent report to the Commonwealth Government are directly concerned with financial distress of franchisors, and one of those recommendations has the potential to be contentious for the insolvency and...more