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Restructuring and Insolvency
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Bankruptcy and superannuation – a fraught and technical battleground
Bankruptcy trustees are often required to consider whether unusually large or suspicious contributions made to a superannuation fund by or on behalf of a bankrupt are designed to defeat the interests of creditors.
Restructuring and Insolvency
15/2/23
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High Court strikes down ‘peak indebtedness rule’: what it means for liquidators
The High Court has delivered its long-awaited judgment in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Bryant) and in doing so has emphatically confirmed that the ‘peak indebtedness rule’ was not incorporated into the unfair preference regime in the Corporations Act.
Restructuring and Insolvency
13/2/23
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High Court expands rights of compulsory examination
The High Court of Australia has allowed shareholders of a company in liquidation to examine a former director and seek documents as they investigate launching a class action.
Restructuring and Insolvency
7/6/22
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