Insolvency & Corporate Reconstruction
FocusPapers in the area of Insolvency & Corporate Reconstruction.
Redeemable preference shareholders in an administration or winding up
4 September 2008
Author: Nicole Tyson, Partner
Practice area: Insolvency & Corporate Reconstruction
Addisons has recently acted for the administros of a company in administration in whcih the NSW Supreme Court has given directions as to whether redeemable preference shareholders of the company hold their rights as shareholders or creditors.
Uncommercial Transactions: Capital Finance Australia Limited - v - Tolcher [2007] FCAFC 185
14 January 2008
Author: Philip Stern, Partner and Nicole Tyson, Senior Associate
Practice area: Insolvency & Corporate Reconstruction
The Full Federal Court has recently found that a complex arrangement involving the entry into a deed by an insolvent debtor, and payments to particular creditors under that deed, was an uncommercial transaction and voidable under section 588FB Corporations Act 2001.
Directors and the Occupational Health and Safety Act (2000) NSW - Be Very Scared!
8 February 2007
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Directors should be aware of the recent decision of Inspector Kumar v Ritchie [2006] NSWIRComm 323 in relation to their personal liability under the Occupational Health and Safety Act (2000) (NSW) ('the Act').