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Liquidators and Receivers – are you sure of your personal liability for CGT...
Readers Recently a controversy has developed concerning whether insolvency practitioners selling CGT assets subject to mortgage security were required to remit CGT in priority to the secured creditor....
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How to Cure an Invalid Voluntary Administrator Appointment
I recently appeared in urgent proceedings for the voluntary administrators of a company who may have been invalidly appointed. The business run by the company had been the victim of obvious phoenix...
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ATO beaten by trust liquidator in priority battle – twice!
The Commissioner of Taxation is the most common unsecured creditor in insolvent estates and often the biggest. That is not surprising since Federal tax revenues are currently about 21% of GDP. In...
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Liquidator’s or Receiver’s lien may be at risk under PPSA in some circumstances
Most commentators, relying on s73 (link) of the Personal Property Securities Act 2009, state that liens are not affected under the PPSA. Section 73 provides priority to liens and other security...
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What a difference a day makes – When does the relation back period start?
Re Weston Application; Employers Mutual Indemnity (Workers Compensation) Ltd v Omni Corporation Pty Ltd [2009] NSWSC 264 In insolvency law the calculation of precise periods of time is important....
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