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Insolvency Carve-Out

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Corporations Amendment (Litigation Funding) Regulations 2020 – Insolvency Carve-Out Yesterday Treasury registered the Corporations Amendment (Litigation Funding) Regulations 2020 which can be accessed here. The Regulations provides a specific carve-out for the litigation funding of insolvency matters, exempting these claims from…

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Out Of The Shadows And Into The Light

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A recent High Court Decision in Australian Securities and Investments Commission v King [2020] HCA 4 provides further clarity to the contentious issue of Shadow and De Facto Directorships. The key issue in the case was the construction of the…

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Getting on the Mothership

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I have recently been asked by several liquidators for my views on Mothership Proceedings. A growing trend in litigation is the use of Mothership Proceedings by Liquidators in the recovery process of multiple Insolvent Trading claims.  The process entails Liquidators…

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Illegal Phoenixing Bill receives Royal Assent

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The Treasury Law Amendment (Combating Illegal Phoenixing) Bill 2019 has finally passed through the Parliament on 5 February 2020, and received Royal Assent on 17 February 2020. The new legislation: Prevents directors from improperly backdating resignations, or ceasing to be…

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