#SVVoidables by Matthew Hudson
This blog is designed to capture the large volume of my LinkedIn posts. To follow me on LinkedIn search #SVVoidables.
Justice Jackson from the WA Federal Court had just poured ice cold water on mothership proceedings for unfair preference claims. Despite many cases backing mothership proceedings (including SVP’s very own Bias Boating case in the NSW Supreme Court), Jackson J, in effect, says that if the plaintiff Liquidators do not take steps to validate the…
Hard drives seized by search warrant from a company by the Australian Federal Police ARE books and records that MAY need to be delivered to a liquidator, according to a Full Federal Court case last Friday. Caratti v Harris & Kirman as Joint Liquidators of GH1 Pty Ltd [2019] FCAFC 124 ** It all depends on who…
6 categories of stock (see photo below) worth approximately $470k, at least 97 affected retail customers, different classes of secured creditors, and MYOB data was not entered correctly … who gets what and how does the liquidator cover her/his costs and fees? This was the scenario faced recently by a liquidator, which has been revealed…
12.08 am on the 16th business day, the Deed of Company Arrangement (“DOCA“) was signed and sent to the then Administrator. Does 8 minutes late render the DOCA void? Not according to today’s case, where the Court changed the wording of s444B(2)(a) from ’15 business days’ to ’16 business days.’ DOCA = “Deed of Company…
Travis Mitchell, Barrister at the Victorian Bar
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