Selling insolvency actions – more options for practitioners

  • Published 01.05.2017

Summary

As of 1 March 2017, the Insolvency Law Reform Act 2016 (Cth) has introduced new schedules to the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth).

Financial Services Bulletin - April 2017

  • Published 26.04.2017

Welcome to the Financial Services Bulletin, April 2017

We are excited to release the final three parts of TurksLegal's 'What the Life Insurance Code of Practice means for...' series which translates the key elements of the Financial Services Council’s Life Insurance Code of Practice from the perspective of the insurer, and how it affects:

High Court guidance on contract interpretation

  • Published 11.04.2017

Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12

Published | krystal prasad

We are pleased to announce that John Myatt, Partner and Head of the firm’s Insurance & Financial Services group and Doug Vorbach, Special Counsel in our Employers Liability group have received recognition in the 10th Edition of The Best Lawyers in Australia in the practice area of Insurance Law.

Both John and Doug have been recognised in the coveted Best Lawyers list since 2014.

COMMERCIAL PROPERTY

Rights of creditors to request information under the Insolvency Law Reform Act 2016

  • Published 06.04.2017

Summary

The Insolvency Law Reform Act 2016 (ILRA), with effect from 1 March 2017, significantly changed creditors’ rights to access information from trustees and liquidators.

The ILRA amends the Bankruptcy Act (Cth) 1966 and the Corporations Act (Cth) 2001, by adding what is called “Insolvency Practice Schedules” (IPS) to both Acts.

For the purpose of this summary, we have looked at the provisions relevant to external administrators, but similar provisions have been introduced in respect of bankruptcy trustees.

QLD Supreme Court applies the vulnerability test to defeat pure economic loss claim

  • Published 05.04.2017

Actron Investments Queensland Pty Limited v D.S.S Project Management Pty Ltd & Ors [2016] QSC 306

Summary

In a claim for pure economic loss against a builder and engineers, the Supreme Court of Queensland has affirmed the necessity for a plaintiff bringing a claim for pure economic loss in negligence to be able to demonstrate that it was not in a position to protect itself from the consequences of the defendant’s lack of care.

Background

Vulnerability and Negligence

Corporations Act Reform Announced

  • Published 03.04.2017

On 28 March 2017, the Commonwealth Government released exposure draft legislation dealing with reform of Australia’s insolvency laws.

Circulating Security Interests and section 433 of the Corporations Act

  • Published 30.03.2017

Summary

The Federal Court of Australia recently held in Re Langdon1 that a company’s receivers need not apply a $53,469,010.64 tax refund issued post-appointment to priority employee entitlements. Only an asset that exists and is identifiable at appointment qualifies as a ‘circulating asset’ under the Personal Property Securities Act 2009 (Cth) (‘PPSA’) is subject to an employee priority claim under section 433 of the Corporations Act 2001 (Cth) (‘the Act’).

Background