McEwan v Merrin (Magistrate) and Ors [2023] QSC 6 – Be careful how you draft!
McEwan v Merrin (Magistrate) & Ors [2023] QSC 6 is a judgment by Brown J in the Supreme Court of Queensland where the matter for decision was whether leave should be given to issue a claim and statement of claim (together, the claim) under rule 15 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). […]
ReadmoreLiquidator exposed to personal liability after half-built boat left exposed to the elements
In Reel Action Sports Fishing Pty Ltd v Marine Engineering Consultants Pty Ltd, [1] the Court offered a timely warning to liquidators of the dangers of adopting and acting on an incorrect understanding of the ownership of contested property. The Court ordered damages against the liquidator personally, despite his position as agent for the company […]
ReadmoreCricket Australia clean bowled – Federal Court orders Cricket Australia to remove evasive statements
In Seven Network (Operations) Limited v Cricket Australia, the Court made orders deferring any application for discovery until each of the parties had filed and served their evidence in chief. Further the Court ordered that Cricket Australia file an amended defence in accordance with the Federal Court Rules 2011 (Cth) to remove all references in […]
ReadmoreBTI 2014 LLC v Sequana SA and Others: United Kingdom Supreme Court relies on Australian case law to settle question on Director’s duties
In BTI 2014 LLC v Sequana SA and Others, the United Kingdom Supreme Court considered a case on appeal which asked the Court to expand the common law duty of directors in a significant way. The Appellant sought to argue that common law director duties should require directors to have regard to the interests of […]
ReadmoreSanderson, in the matter of Jabaluka Pty Ltd (in liq) [2022] FCA 1012: Federal Court considers application for appointment of receiver of a corporate trust
Jabaluka Pty Ltd (Jabaluka) was the Trustee of the Morgan Unit Trust, which operated an IGA Supermarket (the Supermarket) from 22 September 2010 to 13 March 2020. This case concerned an application by the Liquidator of Jabaluka (the Liquidator) under s 57 of the Federal Court of Australia Act 1976 (Cth) for an order that […]
ReadmoreTransfers to defeat creditors – contextualisation is all important
The Full Federal Court, overturning Flick’s J decision at first instance ([2020] FCA 1759), found that the bankrupt’s main purpose in transferring their property was, in substance, not to prevent, hinder or delay this property becoming divisible amongst his creditors in breach of s 121(1) of the Bankruptcy Act 1966 (Cth). The Full Court outlined […]
ReadmoreCourt grants orders vesting interest in property that had previously been disclaimed
On 29 June 2022, the Federal Court of Australia made an order vesting an interest in a half share of land in Aaron Kevin Lucan in his capacity as trustee (the Trustee) of the bankrupt estate of Christopher Williams (the Bankrupt Estate). The Trustee was seeking an order pursuant to section 133(9) and/or section 30(1)(b) […]
ReadmoreCan a disclaimer retrospectively reduce a trust beneficiary’s taxation liabilities?
The beneficiaries of a trust estate executed disclaimers of income more than two years after the end of the relevant income year (2014). The Full Court of the Federal Court agreed that the disclaimers were effective to reduce the beneficiaries’ taxation liabilities in the 2014 income year, despite being executed after the year ended. The […]
ReadmoreYou’ve been served! Federal Court of Australia affirms recent amendments to modernise the Corporations Act
In Bioaction Pty Ltd -v- Ogborne, in the matter of Bioaction Pty Ltd [2022] FCA 436 (Bioaction), her Honour Justice Cheeseman considered whether an application to set aside a statutory demand was served within the 21-day period as provided for in Section 459G of the Corporations Act 2001 (Cth) (the Act). In deciding this matter, […]
ReadmorePower to sell – Federal Court exercises discretion to allow company to realise trust assets
In Brooks, in the matter of Tease Hair & Spa Pty Ltd (in liquidation),[1] the Federal Court made orders in favour of the Liquidator, pursuant to section 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) (Insolvency Practice Schedule (Corporations)) and section 47 of the Trustee Act 1989 (Tas) allowing the Liquidator to realise […]
ReadmoreAnti-phoenixing laws demystified: The Victorian Supreme Court considers the creditor-defeating disposition regime
In Re Intellicomms Pty Ltd (in liq) [2022] VSC 228, it was determined that a sale agreement was a creditor-defeating disposition within the meaning of section 588FDB of the Corporations Act 2001 (Cth) (Act) and voidable pursuant to section 588FE(6B) of the Act. The Court held that, the consideration payable by the transaction was less […]
ReadmoreAn easy win? Obtaining summary judgment in the absence of the Defendant
In the matter of Squirrel Limited (In Liquidation), the Court considered an application for summary judgement against a director for insolvent trading. In doing so, the Court considered the principles underpinning a director’s duty to prevent insolvent trading and the compensation payable as a result. Background The first plaintiffs, Mr Brent Kijurina and Mr Richard […]
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