In the recent case of 1st Fleet Pty Ltd (in liquidation), the Court clarified the information disclosure obligations of external administrators in the Insolvency Practice Schedule (Corporations) (IPSC) and Insolvency ...
In the recent case of 1st Fleet Pty Ltd (in liquidation), the Court clarified the information disclosure obligations of external administrators in the Insolvency Practice Schedule (Corporations) (IPSC) and Insolvency Practice Rules (Corporations) 2016 (Rules).
On 17 December 2018, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) came into force, consolidating the laws for security of payment in the building and construction industry into one Act.
Bank guarantees are frequently given as security in commercial transactions because they are widely regarded as being ‘like cash’. However, the Queensland Court of Appeal’s recent decision in Santos Limited v BNP Paribas confirms that compliance with the terms of a bank guarantee is an essential precondition to payment on
Cooper Grace Ward’s Dispute Resolution team continues to be recognised as a leading practice, being included in The Legal 500 Asia Pacific 2019 rankings of leading law firms and lawyers for Dispute Resolution.
Cooper Grace Ward is celebrating the New Year with the announcement of four new promotions including two associates and two senior associates.
Rocco Russo leads the Dispute Resolution and Litigation practice at Cooper Grace Ward and has been recognised by Chambers & Partners as one of the most outstanding lawyers within the Asia Pacific Region in dispute resolution, and the highest ranked from Brisbane.
In the recent court decision of Trenfield v HAG Import Corporation (Australia) Pty Ltd [2018] QDC 107, the liquidators recovered unfair preferences from a retention of title creditor who argued it was a secured creditor.
In the recent decision of Heavy Plant Leasing [2018] NSWSC 707, a creditor successfully defended an unfair preference claim by establishing it did not have reasonable grounds to suspect the insolvency of the debtor company, who was a subcontractor in the earth moving business.
In community titles schemes, body corporates are often called upon to make decisions concerning the rights of owners. Tensions can rise where a lot owner has proposed a motion and their motion is rejected – and often parties will seek to take the matter further.
A debtor company will often seek to set aside a creditor’s statutory demand on the basis that there is a genuine dispute as to the existence or amount of the alleged debt claimed by the creditor, the debtor company has an off-setting claim against the creditor (or both), that reduces
Commonly, a creditor being sued by a liquidator to refund an alleged unfair preference is owed money by the company in liquidation.
Often private companies are collectively owned by families, friends or close business associates who, at incorporation, saw little need to enter into stakeholder agreements to provide them with access to company information.
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.