News

Can a Court Order Threaten Access to a Liquidator’s Right of Indemnity?

13 Jul 2020

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 [2020] 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…

Federal Court Offers Guidance for Administrators Executing Deeds of Company Arrangement

13 Jul 2020

By Alicia Hill, Principal and Nicholas Mason, Law Clerk MST Lawyers The Federal Court has recently provided further guidance for administrators of insolvent companies In the matter of the Natural Grocery Company Pty Ltd [2020] FCA 433. The Court principally gave its attention to subsections 444F and 444GA of the Corporations Act 2001 (Cth) (Act)….

The importance of getting it right at every stage of the personal Insolvency process.

13 May 2020

On 29 April 2020, the Honourable Justice Lee in Metledge v Hopkins [2020] FCA 561 dismissed a petition for bankruptcy due to a defect in the bankruptcy notice. This judgment highlights the importance of getting it right at every stage of the insolvency process. The creditor’s journey When a creditor considers bankruptcy as a means…

New Anti-Phoenixing Provisions Introduced by Commonwealth Parliament

By Krisha Reddy, Law Clerk and Alicia Hill, Principal, MST Lawyers On 17 February 2020 the new Treasury Law Amendments (Combating Illegal Phoenixing) Act 2020 (Cth) (Act) was given royal assent. The Act amends the Corporations Act 2001 (Cth) (Corporations Act) and various GST and Tax Acts to increase the level of accountability of company…