On 30 July 2020, the Federal Court of Australia (‘Federal Court’) issued orders In the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2)  FCA 1111, restraining the director of a company in voluntary administration from handling company information that was requested by the Administrators. This case serves as a reminder to companies in administration to ensure full compliance with reasonable information requests from administrators while also demonstrating the complexities in document management and the risks improper data handling can have on the work of administrators.
The recent decision of the Victorian Supreme Court, In the Matter of Polat Enterprises Pty Ltd (in liq)  VSC 485, is a compelling reminder of the consequences of an invalid resolution for winding up a company. This case illustrates the challenges raised by an invalid appointment of liquidators, but also demonstrates the powers of the Court to provide orders that allow the liquidation to continue where considered appropriate.
By Alicia Hill, Principal and Nicholas Mason, Law Clerk This article considers a decision of the Queensland Supreme Court handed down in February 2020. In Park & Anor v Whyte  QSC 18, the Court considered the impact court orders may have to restrict a liquidator’s recourse to indemnification against the expense of defending third-party…