Implications for bailment, consignment and retention of title creditors with a PMSI. In Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310 a receiver who had ...
Implications for bailment, consignment and retention of title creditors with a PMSI. In Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310 a receiver who had been appointed by a bank under its security interest carried out extensive enquiries to ascertain whether goods held by the
A decision of the Victorian Court of Appeal in Vasudevan v Becon Constructions (Australia) Pty Ltd [2014] VSCA 14 has the potential to significantly broaden the power of a liquidator to attack a company transaction under section 588FDA of the Corporations Act 2001 (Act) where there are ‘indirect benefits’ to
Whether your foreign judgment can be enforced in Australia will depend on the type of judgment and the country where the judgment is obtained. The Foreign Judgments Act 1991 (Cth) (FJA) enables foreign judgments from prescribed courts in specified countries to be registered under the FJA in Australia.
The ATO has many enforcement measures it can use for the collection of tax-related liabilities from a company. These include director penalty notices, garnishee notices and freezing orders. When a taxpayer has defaulted on a lodgement obligation, the ATO can make an assessment of the overdue obligation.
Deficient advertising is not saved by the information memorandum. In a recent case involving a rural property in Queensland, the mortgagee failed to comply with its duty to take reasonable steps to obtain market value because the mortgagee’s advertising did not adequately refer to the water rights relating to the
Until recently, there has been an unresolved issue as to whether a mortgagee in possession is liable to pay the recovery costs incurred by the body corporate in attempting to recover outstanding levies from the mortgagor.
Secured creditors should remember that submitting a proof of debt and voting in a liquidation may result in the loss of their security if they get it wrong.
Secured creditor recovers payment of statutory employee entitlements from liquidator in priority to unsecured creditors
The recent case of Paciocco v Australia and New Zealand Banking Group Limited (Paciocco) has provided some much needed guidance on the 2012 High Court case of Andrews and Others v Australia and New Zealand Banking Group Ltd (Andrews).
The privacy legislation has been completely rewritten and new rules will apply from 12 March 2014.
The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), amends the Privacy Act 1988 (Cth) and comprehensively reforms the credit reporting system in Australia.
The cases of Andrews and Others v Australia and New Zealand Banking Group Ltd (2012) (Andrews) and Re Pioneer v Energy Holdings Pty Ltd [2013] (Pioneer) significantly expanded the penalty doctrine in Australia.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.