#SVVoidables by Matthew Hudson
This blog is designed to capture the large volume of my LinkedIn posts. To follow me on LinkedIn search #SVVoidables.
Ever wondered how far back Liquidators can look to recover transactions from creditors, directors, government departments or other stakeholders? See below for the answer: If you want to find out more about the types of transactions that can be clawed-back, check out the SV Voidables website!! #svvoidables #directors #insolvency
An oldie, but a goody. If you have ever wondered what type of voidable transaction you can pursue or need to defend against, I prepared the below tree diagram a while back to help. My team uses it all the time, so I hope you get use out of it too! voidables-tree-diagram Send me a…
One day Liquidators will work out a solution to clawback garnishee payments made to the Australian Taxation Office pre-appointment. But s 569 is not likely one. Garnishees have long been a thorn in our sides, as it no doubt gives the ATO an unfair advantage (when they knew or ought to have known of the Company’s…
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…
If you purchase an unfair preference claim from a liquidator of Company A (per 100-5), and the defendant you eventually sue (Company B) goes into liquidation, can the liquidator of Company B sue you for an unfair preference? I favour the view that they can’t, but it’s a grey area. Back in March 2017, the Commonwealth…
The absurdity of poor legislative drafting was on show on Thursday, as a creditor-appointed Liquidator was made to seek orders appointing himself as a court-appointed Liquidator for the purposes of setting aside voidable security agreements. Let me explain … [the case is Hayes v Spyrou] Pursuant to s588FJ Corporations Act, if a security agreement in…
A David v Goliath decision was handed down yesterday in the WA Court of Appeal concerning fundamental principles of corporate voidables law. This time Goliath has had a bit of a win. The facts are rather convoluted, but the basic gist is that payments of about $10m were paid to a parent company (which is now in…
Travis Mitchell, Barrister at the Victorian Bar
Genuine journalism and professional intelligence for Australia's insolvency and restructuring profession.
All about Health and Fitness
Latest news impacting bankruptcy down under
Online access to articles by Geoff Green
Commentary on insolvency, banking and commercial law. Musings on cycling, running, triathlon and good health.
Developments in insolvency and commercial law
