When duty calls: lessons following the Star decision
Should a director act with care and diligence? Recent decision in ASIC v Bekier (Liability Judgment) examined the application of section 180 of the Corporations Act.
The case that changed me – Amanda Banton
Amanda Banton reflects on how the settlement of a class action was the crowning moment in a decade of hard work and thinking outside the…
Limitation periods in equity – taking an analogous approach
Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.
Navigating the safe harbour for small to medium-sized enterprises
The new safe harbour from insolvent trading is the most significant change to corporate insolvency law since the introduction of voluntary administration. By BEN SEWELL.
Preliminary discovery applications: don’t forget about the costs
NSW courts are prepared to make orders varying or delaying costs for preliminary discovery depending on the institution and outcome of subsequent proceedings. By NICHOLAS…
The new insolvent trading defence: striking a better balance for creditors and directors
Federal Parliament passed a new defence for company directors for insolvent trading. By ROBERT BOADLE.
Liquidator’s remuneration: good news for insolvency professionals
The Full Bench of the NSW Court of Appeal provided clear guidance on how a Court must determine a liquidator’s remuneration under the Corporations Act….