Notman v Wesfarmers Limited & Floyd Industries Pty Ltd [2016] VSC 457

Timbercorp Finance Pty Ltd (In liquidation) v Collins and Anor; Timbercorp Finance Pty Ltd (In liquidation) v Tomes [2016] VSCA 128

The Timbercorp Appeals allow group members to pursue separate and individual claims and defences notwithstanding a group proceeding, of which they were a part, earlier being decided against them by the Supreme Court.

The notion of ‘divisible property’ in bankruptcy is broadly framed but it has some exclusions. A right by a bankrupt to the recovery of damages or compensation for personal injury is one such exclusion. Simply because a personal injury enlivens a right to a claim for a specific amount under an insurance policy, does not materially change the character of that right: it is a right to recover damages or compensation in respect of a personal injury. Accordingly, such a claim under a policy of insurance is excluded from the scope of divisible property.

Averkin v Insurance Australia Ltd [2016] NSWCA 122

The recent New South Wales Court of Appeal case of Averkin v Insurance Australia Ltd [2016] NSWCA 122 highlights the difficulties in maintaining a strong defence when fraud is alleged rather than relying on the gaps or weaknesses in the plaintiff’s own case. This case involved a strict ruling adverse to the insurer on the question of the admissibility of a police report as a business record.

Tan v Russell [2016] VSC 93

VWA v Monash University [2016] VSC 178 (22 April 2016)

The Insolvency Law Reform Act 2016 is due to take effect on 1 March 2017. The focus of the legislation is on those who become insolvent or cause insolvency and those who run the resultant administrations. That’s all well and good but what does this mean for credit providers? The principal practical effects on the credit sector will be:

Lifeplan Australia Friendly Society Ltd v Woff and Ors [2016] FCA 248

Lord v McMahon [2015] NSWSC 1619

The Supreme Court of Victoria delivered judgment on 4 March 2016 in Warehouse Sales Pty Ltd (in liq) v WHS2 Pty Ltd (in liq) [2016] VSC 63. This case is particularly useful to liquidators as it deals with a number of questions that often confront liquidators, including: