Can an administrator ‘re-do’ a second meeting of creditors?
In the matter of Mediacloud Pty Ltd (Administrators Appointed)  NSWSC 357 the New South Wales Supreme Court demonstrated its wide discretionary power. The decision extended the period of administration of a company to avoid it being automatically wound up for failing to execute a deed of company arrangement within the required time. This, in effect, permitted the administrators to ‘re-do’ a second meeting of creditors, enabling the creditors to decide the company’s future again.
The decision serves as a useful reminder that the court has sufficiently broad discretionary powers under s 447A of the Corporations Act 2001 (Cth) (Act) and s 90-15 of the Insolvency Practice Schedule (Corporations) to make orders as to how Part 5.3A of the Act is to operate during a period of voluntary administration. This is provided any such orders are consistent with the objects set out in s 435A of the Act.
‘Jack’ and ‘Mac’ recognisably different: McDonald’s loses trade mark beef with Hungry Jack’s
McDonald’s has failed in its trade mark claim against Hungry Jack’s for the sale of its ‘Big Jack’ burger.
Inquiry into the drivers of philanthropic giving in Australia
In May 2023 we noted the Productivity Commission had commenced an inquiry into the Drivers of philanthropic giving.
New point of law: What can be considered as a protected document?
A look at Environment Protection Authority v Sydney Water Corporation  NSWLEC 119.
Applications to replace trustees in bankruptcy: Insights for trustees from the bankrupt estate of Salim Mehajer
By Marelda Hibberd & Michael Wells
The Court’s judgment and insights to assist trustees navigate difficult estates and deal with recalcitrant bankrupts.