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Articles

The Limits Of The Court's Approval For Administrator Fees

Jul 10, 2024 | mondaq.com | A Liquidator |David Greenberg

In Australian Securities and Investments Commission v Marco (No 15) [2024] FCA 347, the Court addressed the factors to be considered when approving the fees of administrators. Cameron Shaw, Richard Albarran and Marcus Watters from Hall Chadwick sought a determination of their remuneration disbursements and costs for work performed over a 10-week period in late 2020 as administrators of AMS Holdings (WA) Pty Ltd (AMS).
Perfecting PPSR security interests: Best practices and insights

Jul 5, 2024 | mondaq.com | A Liquidator |David Mutton

The Personal Property Securities Register ("PPSR") is a critical tool for businesses in Australia to protect their interests in personal property. By registering security interests, businesses can secure their claims against assets and reduce the risk of financial loss in cases of debtor default. However, perfecting PPSR security interests is an intricate process that requires careful attention to detail and adherence to legal requirements.
Seeking Payment Upstream From The Principal

Jun 21, 2024 | mondaq.com | A Liquidator |Brett Vincent |Angie Kim

VY Vincent Young More Vincent Young is a true boutique construction, property + projects, employment + workplace relations firm. We are hands on. We manage every matter as if it were our own. We mix and match our lawyers and consultants to seamlessly produce cost effective, high quality work consistent with the client risk profile.
Complexity For International Private Equity Investments In Australia

Jun 19, 2024 | mondaq.com | A Liquidator |Sean R. Keegan |Andrew Sharp |Emma King

The intricacies surrounding foreign private equity investment into Australia remains a central focus area for regulatory bodies including the Australian Tax Office (ATO) and the Foreign Investment Review Board (FIRB). Treasurer Jim Chalmers has expressed support for this emphasis highlighting that his proposed FIRB reforms are aimed at intensifying scrutiny over foreign private equity investment via a request for unprecedented tax disclosures and imposing strict tax conditions1.
Directors Duties in New Zealand

Jun 16, 2024 | mondaq.com | A Liquidator |Georgina Toomey

L LegalVision More LegalVision, a commercial law firm founded in 2012, combines legal expertise, technology, and operational skills to revolutionize legal services in Australia, New Zealand, and the UK. Beginning as an online legal documents business, LegalVision transitioned to an incorporated legal practice in 2014, and in 2019 introduced a membership model offering unlimited access to lawyers.
Application Was Indirect Attempt To Enforce Foreign Revenue Debt

Jun 14, 2024 | mondaq.com | A Liquidator |Sarah Plunkett |Laura Murdock |Paul Convery

Redefine Australian Investments Limited (Company), an Irish-registered company was placed in voluntary liquidation on 24 January 2018. Martin Ferris was appointed as the liquidator (Liquidator).
PPSA Series: Beneficial Purchasers Without Notice

Jun 14, 2024 | mondaq.com | A Liquidator |David Greenberg |Mitchell Hay

This is Part One in Vincent Young's new PPSA Series. If you supply or purchase goods on credit or are involved in hiring goods, it is critical that you understand the PPSA regime. These kinds of transactions are very commonly utilised in the construction industry. If you don't fully utilise the PPSA, you are not adequately protected when things go awry.
Disclaimer Of Property By A Liquidator

Jun 14, 2024 | mondaq.com | A Liquidator |Victoria Caldwell |David Greenberg

Section 568 of the Corporations Act 2001 (Cth) (Act) allows a liquidator to disclaim certain property owned by a company to which the liquidator is appointed. The disclaimer has the effect of extinguishing the company's interest in the property but does not otherwise affect any interests attaching to the property.