The Annual Return - The Annual Return | 2022 in Review

• Looking back at 2022 - Restructuring & Insolvency

  By Marelda Hibberd, Danielle Funston, Sam Kingston, Melissa Jeremiah, Mathew Gashi, Cara Thompson, Maia Emslie, Michael Wells & Christian Mennilli.

  The key legal developments in restructuring and insolvency and their implications for practitioners. 

• Raise your hand! Post-pandemic meetings in external administrations

  By Sam Kingston & Michael Wells

  We outline the changes to the Insolvency Practice Rules (Corporations) 2016 (Cth) (IPR) for insolvency practitioners.

• Trusting the signs to assign: assigning causes of action of trustee companies

  By Sam Kingston, Mathew Gashi

  We consider a liquidator's power to sell or assign causes of action with certain limitations. 

• New South Wales Supreme Court clarifies priority of claims over R&D tax refunds between employees and secured creditors

  By Melissa Jeremiah & Joshua Green

  Useful guidance in the order of priority of payments in a winding up where employee debts and and secured creditor claims exist.

• New phoenixing laws put to the test

  By Sam Kingston, Cara Thompson, & Michael Wells

  The Supreme Court of Victoria tests creditor-defeating disposition laws designed to defeat illegal phoenix activity. 

• When an objection is objectionable

  By Danielle Funston, Mathew Gashi

  Circumstances where the Court will order that an objector pay a liquidator's costs in a remuneration application. 

• It’s a matter of policy: production of insurance policies to liquidators

  By Sam Kingston, Mathew Gashi, & Bill Cai

  A look at Bandiera Holdings Pty Ltd (Receiver Appointed) (in liquidation) v Bandiera Holdings Pty Ltd [2022] FCA 876.

• Construction in liquidation: the overlap between the Corporations Act and security of payment legislation

  By Sam Kingston & Christian Mennilli

  The New South Wales Supreme Court confirmed conditions for statutory debt.

• Environmental liabilities for insolvency practitioners – amendments to the Environment Protection Act 2017 to reinforce personal liability

  By Sam Kingston, Melissa Jeremiah, Cara Thompson

  Amendments to the Environmental Protection Act 2017 (Vic) (EPA) made in September 2022. 

• Practical guidance for receivers when exercising their power of sale

  By Melissa Jeremiah, Michael Wells & Lachlan Peavey

  The Supreme Court of Victoria case Manda Capital Holdings Pty Ltd v PEC Portfolio Springvale Pty Ltd [2022] VSC 381. 

• Can an administrator ‘re-do’ a second meeting of creditors?

  By Andrew Ng

  What we can learn from Mediacloud Pty Ltd (Administrators Appointed) [2021] NSWSC 357.