December 2018 – #SVVoidables by Matthew Hudson

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December 6, 2018Gift cards, Insolvency, PPSA, Public Commentary

Please don’t buy me gift cards this Christmas

To my family and friends, this Christmas time, please do not buy me gift cards and if you need to put down a deposit, use a credit card. With the way the retail environment is at the moment, it is possible that you/I will rank as an unsecured creditor in a liquidation or external administration.…

December 4, 2018Public Commentary

A sad day for criminal law in Victoria, but a sign of the times?

Reading about the barrister in Victoria that was both acting for the criminal defence and as a confidential informant for police, is appalling, but is it also a sign of the times? Case: AB (a pseudonym) v CD (a pseudonym) [2018] HCA 58 With the: 1. introduction of the Non-compliance with Laws and Regulations (“NOCLAR”)…

December 3, 2018DOCA's

Judicial common sense prevails re DOCA’s and related parties

Mighty River have again applied to court, this time seeking orders that the proposed Deed of Company Arrangement (DOCA) is void because it is an unlawful related party transaction. Link to the case here. Mighty River have argued that such a transaction falls foul of ASX Listing Rule 10.1 and Chapter 2E of the Corporations…