Insights

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Turns on the terms – when does a creditor suffer loss because of a company’s insolvency?

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Receivers can’t perfect security interest

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Creditors’ rights under a DOCA – are claims to future rents extinguished?

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Holding DOCAs hold firm

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Security for costs and property of the company – what’s available in the winding up?

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Company Confidential: When are employee documents not privileged against their employer?

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Exercise caution: when can fraud by a witness of a mortgagor’s signature on a mortgage be brought home to the bank?

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Third party payments – have you received an unfair preference?

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Federal Government loses out on corporate collapse: the case for legislative reform

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Extensions of time to register PMSIs under the PPSA: It is a lack of prejudice universally acknowledged…

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What is the Collateral damage?

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Securing contractual rights destroys mutuality and right to claim set-off

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Something is better than nothing: court approval of liquidator entering litigation funding agreement

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A commercial solution to a re-vesting problem

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First in time, first in line? Does the order of registration of caveats determine the priority of competing unregistered charges?

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‘Phoenixing’ rising: corporate misuse of FEG sparks crackdown