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Removing a liquidator through the courts – a recent case update

Under the provisions of the Insolvency Practice Schedule (Corporations) (Schedule 2 of the Corporations Act 2001) creditors may seek removal of a liquidator either through a resolution passed at a creditors’ meeting, or if that isn’t possible, through an order of the Court. The recent case of In the matter of FW Projects Pty Limited (in liquidation) [2019] NSWSC 892 provides some guidance as to the factors the Court will consider in determining whether a liquidator’s conduct justifies removal.

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