Mitchell Waters

17 January 2022 - Knowledge

Statutory set-off no longer a defence to an unfair preference claim

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

The Full Federal Court has confirmed that a creditor of an insolvent company cannot rely on set-off under section 553C of the Corporations Act 2001 (Cth) in response to an unfair preference claim.

17 November 2021 - Knowledge

Plausible or patently feeble? Default clause a penalty, statutory demand set-aside

#Corporate Restructuring and Insolvency

A recent decision of the Supreme Court of Victoria provides guidance on the drafting of settlement terms and a reminder of the low bar to establishing a genuine dispute under section 459H of the Corporations Act 2001 (Cth).

05 May 2021 - Knowledge

Insolvency reforms cause permanent increase to the statutory demand threshold

The Federal Government has foreshadowed further changes to Australia’s insolvency laws. These changes build on the raft of measures introduced over the previous year.

25 September 2020 - Knowledge

Sweeping changes to insolvency laws proposed

#Corporate Restructuring and Insolvency

Wide-ranging reforms to Australia’s insolvency regime will commence on 1 January 2021. We outline some of the key features under the new scheme and regulatory requirements for insolvency practitioners.

07 September 2020 - Knowledge

Treasury confirms insolvency safeguards extended

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

Insolvency and bankruptcy protections slated to conclude in September have been extended until 31 December 2020.

25 August 2020 - Knowledge

‘From the company’ – can a third party payment be a preference?

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

A recent Victorian Court of Appeal decision clarifies when payments from a third party to a creditor can be considered a payment ‘from the company’ and thereby potentially voidable as a preference.

12 August 2020 - Knowledge

Changes to the regulation of third party litigation funding – insolvency practitioners should take note

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation

Funding schemes for corporate insolvencies could be subject to increased regulation if they fail to fall within an exempted category.

22 July 2020 - Knowledge

Landlords win the right to claim rent as an expense of administration

#Corporate Restructuring and Insolvency, #Dispute Resolution & Litigation, #Property, Planning & Development

The Federal Court has provided important guidance for landlords on the operation of the priority regime in s556(1)(a) of the Corporations Act 2001 (Cth).