High Court refuses special leave to appeal QCA’s decision in Linc Energy

On 26th March, we published an article summarising the Queensland Court of Appeal’s decision in Longley & Ors v Chief Executive, Department of Environment and Heritage Protection & Anor; Longley & Ors v Chief Executive, Department of Environment and Heritage Protection [2018] QCA 32 (the Linc Energy decision). At the time of publication, it was […]

HCA Publishes Reasons for Confirming Validity of Holding DOCAs

The High Court recently released the reasons for decision in dismissing the appeal in Mighty River International Ltd v Hughes & Ors [2018] HCA 38. This decision confirms the validity of employing a certain form of deeds of company arrangement (“DOCAs”), known as a “holding DOCA” as a restructuring tool. The case centers around a […]

Naming Wrong Employer Invalidates Fair Work Claim

The recent case of Lili Sinden v HDR Inc. T/A HDR [2018] FWC 5643 provides a reminder that when bringing a claim against employers, any would be applicant must ensure they name the correct entity in their application. The applicant in this case, Ms Lili Sinden a HR manager, attempted to file a general protections […]

New Zealand Set to Reform Insolvency Laws

With the Insolvency Practitioners Bill currently before the New Zealand Parliament, the nation’s insolvency laws are set to undergo a significant transformation. The bill was first introduced to parliament in April 2010, and sought to introduce a ‘negative licensing system’ for insolvency practitioners. In doing so, the initial bill afforded the Registrar of Companies power to […]

NSWSC: Liquidators Must Not Use Casting Vote to Veto Their Removal

In a recent judgment delivered by the Supreme Court of New South Wales, the court found in favour of a creditor who sought to remove its liquidator, despite previously failing to do so at a meeting convened pursuant to the Insolvency Practice Schedule (Corporations). Background The case involved The Owners – Strata Plan 84741 (Strata […]

CBA Joins World Bank To Deliver World’s First Blockchain Bond

The World Bank has endorsed the Commonwealth Bank of Australia as the sole arranger of the world’s first blockchain bond. The development comes in response to strong investor interest in bond-i (blockchain offered new debt instrument) technology, and is expected to launch following consultation with a wider investment group. Labelled ‘$AUD Kangaroo bond’, the new […]

FCA: Trustees Entitled to Acquire Assigned Claims

In Rambaldi v Meletsis, in the matter of Karas (Bankrupt) [2018] FCA 791, the court was required to consider whether the trustees of a bankrupt estate had the power to acquire assigned claims. Background In 2011, Nick Meletsis replaced his brother-in-law, Tom Karas, as the sole director and shareholder of 70 Nicholson Street Pty Ltd. Following this, […]

SCV: Google Not a Publisher of Online Search Results

In the decision of Defteros v Google Inc LLC, the Supreme Court of Victoria found in favour of Google, asserting that an internet search engine is not necessarily a publisher of material produced in a search. The applicant to the proceedings, George Defteros, is the plaintiff in a defamation proceeding currently before the courts, whilst […]

NSWCA: Liquidators Unable to Recover Third Party Payments as Unfair Preferences

In the recent case of Hosking v Extend N Build Pty Limited, the New South Wales Court of Appeal was required to consider whether payments made by a third party to an insolvent company’s creditor could be recovered by the liquidators as unfair preferences. In 2012, Built NSW Pty Ltd subcontracted work to Evolvebuilt, with […]

HCA Confirms Validity of Holding DOCAs

In the recent case of Mighty River International Ltd v Hughes, the High Court of Australia considered 2 cases on appeal from Supreme Court of Western Australia. Both involved a contested deed of company agreement (DOCA) entered into between Mesa Minerals Ltd and its creditors. The case ensued after Mesa Minerals Ltd entered voluntary administration […]