Monthly Archive Browsing Month: February 2018

Browse by:
Voidable Transactions

What’s the scope of UDRT?

The right to bring unreasonable director-related transaction claims (“UDRT”) differ between States and Territories. Yet UDRT is Federal legislation (s588FDA Corporations Act) and should be universally applied. UDRT refers to a claim brought by a liquidator in circumstances where a transaction (eg money payments or uncommercial asset transfers, #phoenixactivity) is made to the benefit of a…

Bankruptcy

Assignment of debts

Sally is a successful entrepreneur, focusing most of her attention on buying defaulted debts from financial institutions. It’s lucrative if done right, but sometimes it can be a headache – as she recently found out. Back in October 2011, Sally purchased $15k in debt from Westpac, for only $500. The debt was owed by Mark to Westpac, from back in 2005. This…

DOCA's

High Court HDOCA special leave

The High Court has this morning granted special leave to Mighty River to appeal the holding-DOCA decision from the Full WA Court of Appeal. Avid followers might recall that the Court of Appeal held that holding-DOCAs were permitted under the Corporations Act. Time will tell if this holds up. … more to come once the…

PPSA, Voidable Transactions

What’s equitable tracing?

If you spend plenty of time around insolvency professionals like I do, you tend to hear the phrase “equitable tracing” (“ET”) thrown around a bit. It is a simple, yet easily forgotten, concept, and can serve an important purpose – like issues around: #Voidables, #PMSIproceeds or commercial loss. Imagine you gave Joe $50k to start-up a new venture. Joe is lacking…

Voidable Transactions

588FF orders

Wow! The Supreme Court of Victoria has recently handed down a case that has some interesting obiter points on s588FF of the Corporations Act (the voidable transaction relief provision). 1. Although the Plaintiff was not seeking curial orders under s588FF; and 2. The liquidator itself had not applied for such orders; 3. The plaintiff was allowed…

PPSA, Proofs of Debt

Secured, don’t complete a POD!

Mrs B has been Head of Credit for AB Ceilings P/L for 25 years and has seen the credit industry gradually improve. Just not the introduction of the #PPSA. With more than 500 pages of legislation and terms like “PPS Lease”, “AllPAAP” and “PMSI”, how was she to know that what she did was wrong. Mind you, she…

Phoenixing

AAF gets an extra $1m

It appears that the Assetless Administration Fund (“AAF”) is getting an extra $1m per year for the next 3 years. For those unaware, the AAF is a fund setup by #ASIC to finance investigations and reports by liquidators into the failure of companies with little to no assets. The $1m increase to the AAF was…