A creditor owed money in a liquidation is not entitled to set off that debt against any amount it is found to owe to the company under unfair preference provisions (and arguably other amounts payable to a company in liquidation which are recoverable pursuant to a liquidator’s statutory powers)

Harwood Andrews is pleased to have advised FinCap Australia on the acquisition of SpotED, an online education business that sources and delivers high quality, industry-accredited online short courses for students and jobseekers, delivered via a digital portal.

As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.

Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64 (which judgment was delivered on 10 May 2021), abolished what is known as the “peak indebtedness rule”.

Harwood Andrews has started the 2021/22 financial year by announcing the appointment of Ali Erskine and Ben Broadhead as Principal. Both Ali and Ben are part of the firm’s dispute resolution practice.

On 1 January 2021, the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (Amending Act) came into effect. The Amending Act is part of the government’s ongoing response to the economic impacts of COVID-19.

On 22 March 2020, the Australian Government, as part of its economic response to the Coronavirus, announced temporary relief measures for financially distressed businesses.

Harwood Andrews is delighted to announce that Paul Gray and Kate Morris have been promoted to Principal in their Geelong and Melbourne offices respectively.

It is an unfortunate fact of life that running a business will not always go smoothly, and occasionally disputes will arise between business owners and business investors. A unit trust is a popular structure for conducting a business, but it has traditionally presented business owners and investors with some difficulty when seeking to resolve their disputes. 

In this case, the Federal Court held that including a retention of title clause in standard terms and conditions is sufficient to give rise to a security interest and provide a defence to a recovery claim by a liquidator.

The law of defamation traditionally relates to printed statements, such as a newspaper articles or ‘tell-all’ books. However, defamatory statements are increasingly made online and can be accessed repeatedly by readers. 

A quick guide to owners corporations
If you are an apartment or unit owner it is likely you are part of an owners corporation. As a member there are certain procedures that must be followed which you may not even be aware of.  It is important that owners corporation members and committee members understand these procedures, their rights and responsibilities.  

A claimant liquidator was allowed to join the defendants’ insurer to the proceeding, in circumstances where the defendants were not going to pursue the insurance claim. This case may open up several new ways to utilise a defendant’s insurance, and Sladen Legal has some creative ways this decision can be used to plaintiffs’ benefit.

The Court ordered costs against stakeholders in the plaintiff’s camp and stated that insolvency of a plaintiff insolvency weighs in favour of a cost order against a non-party supporting or directing it.