Protecting Legal Privilege in Communications Involving Third Parties

By Stuart Walter, Partner Slea Pty Ltd v Connective Services Pty Ltd & Ors [2017] VSC 361[1] The decision considered whether legal professional privilege applies in relation to communications between a lawyer and a client where a third party (in this case a litigation funder) is included in those communications. Key Points A claim of
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Federal Court leaves priority regime hanging by a string

By Ariel Borland, Partner, Dean Brayley, Associate and Natalie Court, Graduate The decision of Kite v Mooney, in the matter of Mooney’s Contractors Pty Ltd (in liq) (No 2) [2017] FCA 653 (Kite) is adding to a growing body of authorities that assets held by an insolvent corporate trustee in its capacity as trustee are
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Is it mutual? A tale of set-off and security

By Partner, Ariel Borland and Law Graduate, Hannah Wilson The reconciliation of contractual, equitable and statutory set-off rights in insolvency has long been a problematic area for creditors and principals alike. The findings in Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2017] WASC 152 fundamentally improve
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Are Non-refund Cancellation and Force Majeure Clauses “Unfair”?

By Stuart Walter, Partner It is becoming increasingly apparent that the onus is now on the party denying the refund to prove the clause is necessary to protect its legitimate interests.  If it can’t then the clause may well be deemed void, with potentially significant commercial ramifications. Non-refunds on cancellations or force majeure events have
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The rise of the “Non-Participating Group Member” creating degrees of discomfort when it comes to settling Group Proceedings in Australia

By Stuart Walter, Partner The inclusion of a sub-class of “non-participating” group members and how that group is dealt with has arisen as a key consideration in whether to approve a number of settlements in recent Australian group proceedings.  It arises at a time when the High Court has also given consideration to the true
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Industry Focus – Turning choice into opportunity

Joining the likes of Uber, Airbnb and Deliveroo in fiercely competitive service industries is an unlikely new sector. Due to reforms that came into effect on 27 February 2017, the aged care sector in Australia just got a whole lot more competitive. What will be the difference between service providers that barely survive, and those
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Going around in circles on section 433? Court identifies when certain assets will be subject to a circulating security interest

By Ariel Borland, Partner; and Jennifer O’Farrell, Associate A recent Federal Court of Australia decision contains some important points for receivers who are assessing their obligations under section 433 of the Corporations Act 2001 (Cth) (Act) to pay priority employee creditors out of assets subject to a circulating security interest.  The decision of Gilmour J
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Arbitrary percentages out the window: Sakr clarifies remuneration processes.

By Ariel Borland, Partner, Joanne Hardwick, Partner and Hannah Carne, Associate The New South Wales Court of Appeal has given important guidance on the issue of practitioner remuneration in Sanderson as Liquidator of Sakr Nominees Pty Ltd (In Liquidation) v. Sakr [2017] NSWCA 38.  The Court of Appeal unanimously allowed the liquidators appeal against Justice
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Sorry, it’s not you, it’s me: Court appoints special purpose liquidator in circumstances where creditor unwilling to fund existing liquidator

By Ariel Borland, Partner, Jennifer O’Farrell, Associate, and Molly O’Neill, Lawyer The Supreme Court of Victoria recently considered circumstances in which it would appoint a special purpose liquidator (SPL) in its decision The State of Victoria (In the Right of the Department of Education and Training) v CTM Training Solutions Pty Ltd (In Liquidation) & Ors
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Doubling (or halving?) your chances: proposed amendments to PPS Leases

By Ariel Borland, Partner, and Jennifer O’Farrell, Associate One of the most common mistakes we see when examining the validity of security interests falling within the ambit of the Personal Property Securities Act 2009 (Cth) (PPSA) is the failure to register “PPS Leases” within the timeframes specified by section 13 of the PPSA.  Failure to
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Shareholder Pilot Program now formalised in new Practice Note

By Stuart Walter, Partner The Supreme Court of Victoria “pilot program” for the handling of shareholder oppression disputes in an efficient and cost effective manner has been incorporated into a Practice Note that became effective 30 January 2017 (Practice Note SC CC 8).  The program has been the subject of certain revisions that are now
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Affix your assets or register: Power Rental decision tightens the screws on fixtures under the PPSA

By Ariel Borland, Partner; Jennifer O’Farrell, Associate; and Molly O’Neill, Lawyer In February 2016 we reported on the decision of Forge Group Power Pty Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52.  That decision can be read here. In that decision, Hammerschlag J found that four mobile gas
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The ABCs of ABNs and ACNs under the PPSA: the irreparable effects of defective PPSR registrations

By Ariel Borland, Partner, Jennifer O’Farrell, Associate and Joel Lazar, Law Graduate In the decision of In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (OneSteel), the Court held that a registration which erroneously identifies a grantor by its ABN instead of its ACN is a seriously misleading defect within the
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A prudent approach to reducing the risk of personal liability

By Joanne Hardwick, Partner and Dean Brayley, Lawyer On 20 December 2016, the Federal Court of Australia handed down its decision in Intergen Energy Holdings (Australia) Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2016] FCA 1585.  The case serves as a reminder to administrators who have – or are contemplating – entering into funding
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But, Your Honour, I Didn’t Know: Avoiding Liability Under S 588FL

By Nirupa Manoharan, Special Counsel and Jennifer O’Farrell, Associate Introduction The decision of Caason Investments Pty Ltd v Ausroc Metals Ltd [2016] WASC 267 provides guidance on when a Court will extend the time for a creditor to register their security interest on the Personal Property Securities Register (PPSR) thereby avoiding the harsh vesting rule in
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In defence of indemnity

By Ariel Borland, Partner and Ken Lin, Senior Associate In Re Traditional Values Management Ltd (In Liq) (No 3) [2016] VSC 475, the Supreme Court of Victoria determined that the joint and several liquidators of Traditional Values Management Ltd (In Liquidation) (TVM), the responsible entity of The Blue Diamond Deposits Trust No. 1 (the Scheme),
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What’s your worth? Liquidator remuneration and expenses under the spotlight – again

By Nirupa Manoharan, Special Counsel and Danielle Gorman, Lawyer The recent New South Wales Supreme Court decision of Mainz Developments Pty Ltd (in liquidation) [2016] NSWSC 1146 provides a degree of comfort for liquidators in rejecting the proposition that their remuneration should be assessed solely by reference to a percentage of the value of the
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When ‘inadvertence’ strikes: the Court’s ability to extend time for the registration of security interests

By Nirupa Manoharan, Special Counsel and Hannah Carne, Associate In the recent decision In the matter of Accolade Wines Australia Limited and other companies [2016] NSWSC 1023 (Accolade), the Supreme Court of New South Wales has provided further guidance on exercising its discretion to grant an extension of time for the registration of security interests.
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Litig8: Staying commercial arbitrations

By Hannah Carne, Associate and Danielle Gorman, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the
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Litig8: Director’s duties

By Justin Liang, Law Clerk Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this
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Litig8: High Court reconsiders advocate’s immunity

By Harrison Wall, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: Tips for settlement conferences

By Kylie Neville, Senior Associate and Caitlin Morgan, Law Graduate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on
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Litig8: Shifting sands- contracting with government

By Damian Ward, Partner Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: Security for costs: considerations of the court

By Claire Limbach, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: The privilege trap: implied waiver

By Caitlin Taylor, Senior Associate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this
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Litig8: We either live with intention or exist by default

By Ljubica Petrovic, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Turnbull win keeps insolvency reforms on the agenda

By Joanne Hardwick, Partner and Danielle Gorman, Lawyer. We now have confirmation that the Coalition will return to power with a slim majority in the House of Representatives.  The Turnbull Government’s innovation and science programme featured throughout the election campaign but, having regard to the election result, it is unclear whether that policy, and others,
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The Imperative to Investigate

By Nirupa Manoharan, Special Counsel and Jennifer O’Farrell, Associate. In the recent decision of Asden Developments Pty Ltd (in liq) v Dinoris (No 3) [2016] FCA 788 (“Asden”), the Federal Court determined that a joint and several liquidator breached his duties of care and diligence under section 180 of the Corporations Act 2001 (Cth) (“Act”).
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Disclaiming contracts: a tale of caution

By Nirupa Manoharan, Special Counsel and Frances Navarro-Towan, Associate Introduction In a recent New South Wales Supreme Court decision, In the matter of Blue Sennar Air Pty Ltd (in liq); In the matter of Eye Plantain Pty Ltd (in liq) [2016] NSWSC 772, Justice Brereton delivered guidance on the parameters of a liquidator’s right to disclaim
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TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd (No 2) [2016] FCA 674

By Warren Scott, Partner, and James Tobin, Partner. Mills Oakley was successful in the Federal Court earlier this week, where it was found that our client’s contractual relations with its franchisees had been unlawfully interfered with by a competing franchise business. The matter involved tobacco product franchisor TSG Franchise Management Pty Ltd (TSG) and market
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Litig8: Insolvency: Evidence of director related transactions

By Jason Kalliris, Law Graduate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this
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Litig8: Contract Interpretation: Strict reading of standard contracts

By Geoffrey Dimharos, Law Graduate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this
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Litig8: Contract drafting: Time-bar take-outs

By Stephen Dickens, Partner; and Genevieve Yates, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the
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Litig8: Contracts: Risks associated with electronic contract formation

By Liam Cannon, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: PPSA: The ‘udder’ necessity of registering on time

By Ariel Borland, Partner; Nirupa Manoharan, Senior Associate; and Nicole Guglielmi, Law Graduate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking
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Litig8: Wrongful Dealing with Property: What is the relief?

By Ljubica Petrovic, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: Costs: When the winner doesn’t get all

By Damian Ward, Partner Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: Serious Misconduct: Bartlett v Australia & New Zealand Banking Group Pty Ltd [2016]

By Claire Limbach, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Lenders beware: when is a farm a farm?

By Dan Mackay, Partner, Ariel Borland, Partner, and Michael Chapman, Associate A recent decision of the New South Wales Supreme Court confirms that failure to comply with the mediation notice requirements of the Farm Debt Mediation Act 1994 (NSW) prior to taking action to repossess property will be fatal.  More interestingly, in a decision relevant
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The ‘udder’ necessity of registering on time

By Ariel Borland, Partner; Nirupa Manoharan, Senior Associate; and Nicole Guglielmi, Law Graduate The recent Supreme Court of Victoria decision of Re Carpenter International Pty Ltd [2016] VSC 118 provides practitioners with useful guidance on the operation of the timing rules in section 588FL of the Corporations Act 2001 (Cth) (‘CA’) and section 267 of
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Litig8: Debt repayment arrangements and their effect on a company’s solvency

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 1 of the
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Litig8: Solicitors’ obligations under the Civil Procedure Act

By Caroline Rolfe, Lawyer Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email.
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Litig8: Relief and reprieve for short term hire businesses

By Nirupa Manoharan, Senior Associate Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this
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Litig8: A warning to administrators when accepting their appointment

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 4 of the
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Litig8: Fruits of taxation and staying an order allowing the taxation of costs

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 5 of the March
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Litig8: The upcoming unfair contracts regime and its impact on small business contracts

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 6 of the
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Litig8: Cost Quirks – Pre-Action Discovery

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 7 of the
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Litig8: Shareholders inspecting books

Each month as a part of Mills Oakley’s Litig8, we bring to you snapshots of eight key cases, legislative changes or other legal events. The summaries are not comprehensive and do not constitute legal advice. You should seek professional advice before taking any action based on the content of this email. Part 8 of the
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A Matter of Trust? Practitioner remuneration and distribution of assets of trading trusts

By Ariel Borland, Partner; Ivana Griggs, Senior Associate; and Georgina Overend, Lawyer The recent Supreme Court of New South Wales decision in Independent Contractor Services (Aust) Pty Limited ACN 119 186 971 (in liquidation) (No 2) [2016] NSWSC 106 (Independent Contractor) highlights two common issues arising for insolvency practitioners: The approach for the assessment of
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A Moving Issue: Fixture or PPS Lease?

By Ariel Borland, Partner; Jennifer O’Farrell, Associate; and Georgina Overend, Lawyer One of the first tasks incumbent on a receiver, liquidator or administrator is to quickly assess the validity and enforceability of certain security interests under the Personal Property Securities Act 2009 (Cth) (PPSA). In particular, the appointment of a liquidator or administrator will result
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High Court of Australia welcomes insurers to the party

By Ariel Borland, Partner; Jennifer O’Farrell, Associate; and Christine Blair, Lawyer In CGU Insurance Limited v Blakeley [2016] HCA 2 (Blakeley), the High Court of Australia dismissed an appeal from the Court of Appeal of the Supreme Court of Victoria, and held that the federal jurisdiction invested in the Supreme Court of Victoria (Supreme Court)
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Terms of a security agreement held to be “central” to determining when a security interest arises

On 12 May 2015, the Victorian Supreme Court of Appeal (the Court) handed down its decision in Central Cleaning Supplies (Aust) Pty Ltd v Anthony Wayne Elkerton (In his capacity as joint and several liquidator of Swan Services Pty Ltd (In Liquidation) ACN 000 699 990) [2015] VSCA 92. The liquidators asserted that Central Cleaning
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Receivers, Reap What You Sow: The Decision in CMI Industrial Pty Ltd (In Liq) [2015] QSC 96

By Nirupa Manoharan, Senior Associate and Jennifer O’Farrell, Lawyer In Re CMI Industrial Pty Ltd (In Liq); Byrnes & Ors v CMI Limited [2015] QSC 96 (‘CMI’), the Queensland Supreme Court held that ‘priority creditors’ for the purposes of section 433(3) of the Corporations Act 2001 (Cth) (‘Act’) (such as employees) are not entitled to
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Are you “penalising” your customers?

The law of penalties arises where a contract stipulates that on breach the contract-breaker will pay an agreed sum which exceeds what can be regarded as a ‘genuine pre-estimate of damage’ likely to be caused by the breach. In early 2014, the Federal court delivered a decision in a class action involving ANZ, which provided
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Extending the “Shelf” Life of Voidable Transaction Claims: High Court Confirms Scope of Section 588FF(3) of the Corporations Act

By Ariel Borland, Partner, Jennifer O’Farrell, Lawyer and Anna O’Callaghan, Law Graduate Two recent decisions of the High Court of Australia (High Court), Fortress Credit Corporation (Australia) II Pty Limited v Fletcher [2015] HCA 10 (Fortress) and Grant Samuel Corporate Finance Pty Limited v Fletcher; JP Morgan Chase Bank, National Association v Fletcher [2015] HCA
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PPSA fundamentals: security interests must arise as the result of consensual transactions between parties

Summary On 17 December 2014 the Supreme Court of Victoria Court of Appeal handed down its decision in Dura (Australia) Constructions Pty Ltd (ACN 004 284 191) (in Liquidation) (Receivers and Managers Appointed) v Hue Boutique Living Pty Ltd (formerly SC Land Richmond Pty Ltd) (ACN 106 117 506) [2014 VSCA 326. The decision dealt
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Suppliers beware, practitioners take note: taking free of security interests in the ordinary course

Summary On 17 December 2014, the Supreme Court of Victoria handed down its judgment in the matter of Warehouse Sales Pty Ltd (In Liquidation) and WHS2 Pty Ltd (In Liquidation) [2014] VSC 644.  The decision addressed some novel points of law arising out of the Personal Property Securities Act 2009 (Cth) (PPSA). Whilst the case
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Court Examines Receivers’ Powers to Dispose of Trust Assets

We recently wrote a case alert on the decision in Re Bacchus Distillery Pty Ltd (Administrators Appointed) (2014) 98 ACSR 539 and an article published in the December 2014 edition of the Australian Insolvency Journal on Bacchus as well as Aptostolou v VA Corporation of Australia Pty Ltd (2010) 77 ACSR 84 and Re Kitay
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Tips & Traps – November 2014

A V8 Supercar win for Woodside The 2014 High Court decision of Electricity Generation Corporation v Woodside Energy Ltd took out a clear win in October. In V8 Supercars Holdings Pty Ltd v Lucas Dumbrell Investments Pty Ltd the Supreme Court of New South Wales considered the interpretation of two agreements governing the relationship between
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Granting yourself a security interest: worthwhile or worthless?

The decision of Macquarie Leasing Pty Ltd v DEQMO Pty Ltd [2014] NSWSC 1466, which was handed down on 17 October 2014, highlights that security interests under the Personal Property Securities Act 2009 (Cth) (PPSA) must have a proper foundation (i.e. secure a debt or obligation) otherwise they are liable to be removed from the
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A Simple Formula: Prerequisites to PPSA Perfection

In Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd (in liq) [2014] FCA 1034, Collier J was asked to interpret s 588FL of the Corporations Act 2001 (Cth) (CA) and s 21 of the Personal Property Securities Act 2009 (Cth) (PPSA). The decision confirms that a security interest must “attach” to collateral and be “enforceable”
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Administrators’ broad powers to dispose of property not wholly owned by the company

We recently acted for the administrators of Bacchus Distillery Pty Ltd (Administrators Appointed) (Bacchus) in Re Bacchus Distillery Pty Ltd (Administrators Appointed) (2014) 98 ACSR 539; [2014] VSC 111 in successfully obtaining a declaration that Bacchus’ administrators have powers pursuant to section 437A(1)(c) of the Corporations Act 2001 (Cth) (Act) to sell trust property not
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Receivers get their two cents worth on bailments of money

In Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310, the Supreme Court of Western Australia delivered, on 4 September 2014, a helpful judgment regarding: the applicability of the Personal Property Securities Act 2009 (Cth) (PPSA) on, among other things: a receiver’s ability to deal with goods which may, or may
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Administrators liable for breach of section 442C of the Corporations Act 2001 (Cth)

The decision of the New South Wales Supreme Court in THC Holding Pty Ltd v CMA Recycling Pty Ltd [2014] highlights the ways in which administrators can be personally liable for disposing of property not owned by the company (or the subject of a security interest) in breach of section 442C of the Corporations Act
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A win for the liquidator: Willmott Growers Group Inc v Willmott Forests Limited (Receivers and Managers Appointed)(In Liquidation) & Ors [2013] HCA 51 4 December 2013

The High Court last week upheld the decision of the Court of Appeal of the Supreme Court of Victoria  in relation to the proposed disclaimer of leases by the liquidators of Willmott Forests Limited (Receivers and Managers Appointed)(In Liquidation) (“WFL”).  Prior to the liquidators’ appointment, WFL had granted leases in forestry land to members (called
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Commercial Disputes & Insolvency Alert

A recent decision of the Full Court of the Federal Court of Australia in WA has confirmed the principles that govern the rights of a director (and his or her agent) to access books and records of a company in circumstances where receivers and managers have been appointed. Background On 7 February 2013, Justices Dowsett,
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Google not guilty of misleading and deceptive conduct

On 6 February 2013, the High Court overturned the findings of the full bench of the Federal Court that Google had engaged in misleading and deceptive conduct by publishing and displaying sponsored links as part of their search results. Background Google provides an Adwords service which operates in conjunction with its search engine. When a
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In The Know

Introduction Mills Oakley’s Sydney Commercial Litigation and Dispute Resolution is excited to bring you the first edition of In the Know – the team’s quarterly update. In the Know will bring you the latest developments in each of the regulatory, legislative and judicial space relevant to your business. Addition to the team Last month, our
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Changes To The Monetary Jurisdiction Of Queensland Courts

This alert will provide you with information on the changes that will take place, and how these changes will affect you and your current litigation, or any future litigation which you may instruct Mills Oakley to commence on your behalf. Below, is a table showing the current monetary limit of each Court, and the changes
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Commercial Disputes & Insolvency Alert

Do directors owe a duty to creditors or have to pay them damages if they breach their duties to their company? If asked this question, most lawyers, would firmly answer the question shortly – “no”. For all company directors and for former rugby league star Jarrod McCracken, the Queensland Court of Appeal has thankfully confirmed
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GST refunds to be paid immediately- high court says no to commissioners’ appeal –BAS takes precedence

The High Court of Australia on Friday 9th December 2011 has refused the Commissioner of Taxation’s application for special leave to appeal a decision of the full Federal Court of Australia. That finding, in favour of our client was that a taxpayer is entitled to be paid the GST refunds claimed in their Business Activity
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