Hannah Griffiths

2 weeks ago | pinsentmasons.com | Hannah Griffiths |Alasdair Weir |Aleesha Way |Alexis Coleman

Although section 442A of the Corporations Act 2001 (Cth) (‘the Act’) gives administrators the power to remove a director from office or appoint a replacement to a company, section 437A of the Act sets out the role of an administrator and specifies that while a company is in administration, the administrator has control of the company’s business, property and affairs.

1 month ago | pinsentmasons.com | Hannah Griffiths |Alasdair Weir |Aleesha Way

A recent decision by the Supreme Court of New South Wales (NSW) illustrates how a deed of guarantee and indemnity, binding on the director of a company in financial difficulty, can support the proper functioning of the insolvency process. The case arose out of a deed of company arrangement (DOCA) entered into by contractor Mikcon Group Australia Pty Ltd after the company entered voluntary administration.