Articles

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Unfair preferences and mothership proceedings

14th October 2019

It has been 3 years since our landmark successful defence on behalf of CSR Building Products Ltd of an unfair preference action by liquidators of a company that traded with... read more…

Beware - unfair preference mothership proceedings and joinder

1st October 2019

Liquidators are more frequently taking advantage of so-called ‘mothership proceedings’ to pursue unfair preference claims against multiple defendants in respect... read more…

Unconscionable conduct

4th September 2019

The Banking Royal Commission shone a spotlight on the conduct of banks and uncovered numerous examples of misconduct in the financial services sector. Recently, the... read more…

KDV Sports v Muggeridge Constructions

21st August 2019

If your payment claim looks like this (and it probably does), it is invalid for the BIF Act. The Queensland Supreme Court recently handed down its decision in KDV... read more…

Illegal Phoenixing in the Qld Building Industry

24th July 2019

Illegal Phoenixing in the Qld Building Industry You may be aware that the Federal Government is planning to reform corporations law to combat illegal company phoenixing.... read more…

The perils of restructuring – avoiding illegal phoenix activity

20th June 2019

Restructuring a company involves many complex considerations and judgments. Done right, it can save your business and avoid the difficult and complicated insolvency... read more…

Shortcuts in drafting can have disastrous consequences

20th February 2019

The recent case of Santos Limited v. BNP Paribas[1] demonstrates the need for extreme caution and care in drafting commercial documents, in this case, a demand letter made... read more…