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Can the Title of a Xero Entry Indicate a Loan Agreement Capable of Recovery by a Liquidator? Crispino (as Liquidator) v Kiparoglou Delivers an Answer
Can the title of a Xero entry indicate a loan agreement capable of recovery by a liquidator?
This article focuses on the recent case of Crispino (in his capacity as liquidator of Sky High Panels Pty Ltd) & ors v Kiparoglou [2026] VSC 80 where this was a central issue.
Grow Surge Pty Ltd (In Liq) v Riverida Pty Ltd (In Liq): Proof of Debts in Unexplained Transactions
In the case of Grow Surge Pty Ltd (in liq) v Riverida Pty Ltd (in liq) [2026] FCA 974, the Federal Court upheld proofs of debts submitted with respect to a series of earlier payments from the plaintiff to the defendant without any explanation.
Creditor-defeating dispositions: the significance of ASIC’s recent prosecution
ASIC has announced its first prosecution for creditor-defeating dispositions in contravention of section 588GAC(1) of the Corporations Act in a case that also alleges criminal misuse of position and inducement of incomplete testimony.
Factors for extending convening periods for administrations: lessons from the matter of Babyskin Laser & Cosmetic Clinic Pty Ltd”
In Olsen, in the matter of Babyskin Laser & Cosmetic Clinic Pty Ltd (Administrators Appointed) [2026] FCA 622 the Court considered an application to extend the time to convene a second meeting of creditors and analysed the relevant factors to assess. This article breaks down the decision and what the relevant factors are.
The Consequences of Misinterpreting Deadlines for Bankruptcy Notices: Karlsson v Griffith University (No. 2).
In the case of Karlsson v Griffith University (No 2) [2026] FCAFC 102, the Full Federal Court of Australia determined it lacked the jurisdiction to retroactively extend the time for compliance with bankruptcy notices. This decision serves as an important reminder of the need for practitioners to carefully interpret statute to ensure compliance with prescribed deadlines.
Personal liability for inactive directors: Kim v JM World AU Pty Ltd (in liq)
In the case of Kim v JM World AU Pty Ltd (in liq) [2026] NSWCA 146, the NSW Court of Appeal upheld the trial judge’s finding against two directors for breach of directors’ duties in relation to, among other things, transfers of company funds to overseas related entities while the company was insolvent. Notably, the Court was split on the liability of one of the directors, who was entirely inactive throughout the entire process, the majority ultimately upholding the trial judge’s ruling against her.
Personal Liability of Directors for Misleading and Deceptive Conduct in Property Transactions
This case examines the conduct of two directors who made misleading and deceptive future representations about the timeframe and expected profits of an investment project to potential investors and illustrates the standards of evidence and documentation needed to demonstrate a reasonable basis for such representations.
Revesting disclaimed property – the case of Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum where a liquidator’s disclaimer was overturned
In Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum [2026] FCA 355, tenements disclaimed as onerous property were ordered to be revested to the plaintiffs so as to not prejudice creditors.
Continuing proceedings against companies in liquidation: the power of public interest
The case of Secretary, Department of Health, Disability and Ageing v AG Therapeutics Pty Ltd [2026] FCA 333 emphases the significance of public interest in allowing claims against companies in liquidation to proceed. Read our article to find out more.
Empireal and the $1 Deal: Honesty, Insolvency and the Limits of Director Liability
When does a director cross the line? Re Empireal explores the fine line between legitimate crisis management and breach of duty as a director, helping directors and insolvency practitioners understand what it takes to stay on the right side of it.
E&P Investments Limited v Keybridge Capital Limited: difficulties in clearing the “low bar” to offset a statutory demand
In E&P Investments Limited v Keybridge Capital Limited [2026] VSCA 5, the Victorian Court of Appeal allowed an appeal overturning a decision to set aside a statutory demand.
Unpacking the ACCC’s 2026-29 Strategy and the regulator’s priorities for the year ahead
The ACCC’s 2026–2029 Strategy (Strategy) reflects the regulator’s growing willingness to connect consumer protection with broader competition and productivity priorities, particularly in response to the mounting cost-of-living pressures and digital disruption impacting the economy.
Creditors voting rights on unliquidated or contingent claims: Re Mercon Group Pty Ltd
In Re Mercon Group Pty Ltd (subject to deed of company arrangement) [2025] NSWSC 1601, the Owners – Strata Plan No 93160 (Owners Corporation) had unresolved proceedings against Mercon Group Pty Ltd before Mercon went into voluntary administration.
A tale of safe harbour and misleading and deceptive conduct: lessons for directors and company officers
While company directors will generally be held personally liable for insolvent trading, the safe harbour provisions under section 588GA of the Corporations Act 2001 (Cth) (Corporations Act) provides protection, if certain conditions are met.
Contractual obligation to provide a guarantee from a parent company: Can these be enforced and against who?
When contracting parties agree that guarantees will also be provided, but the guarantor is not a party to the contract, is there an enforceable obligation to provide the guarantee? This article reports on the decision of the Supreme Court of Victoria of Boroondara City Council v ADCO Group Pty Ltd [2025] VSC 774 which had to consider this issue.
Assessing when a limitation period applies to a claim and substantiating loss: Lessons from R Lawyers v Mr Daily
The task of assessing whether a claim may have expired due to the application of a statutory limitation period and how to substantiate a loss claimed if there is a viable claim is not always straightforward.
In the decision of R Lawyers v Mr Daily [2025] HCA 41, the High Court of Australia clarified when a limitation period will start running for professional negligence and the evidence needed to substantiate a claim for loss where negligence has been established in a case involving a binding financial agreement.
Removing a Liquidator – the case of Gemwood Projects Pty Ltd (in liq)
Justice Croft of the Supreme Court of Victoria removed a liquidator from the winding up of a company determining he failed to act honestly by settling unfair preference claims with the ATO and SRO without disclosing key information in Re Gemwood Projects Pty Ltd (in liq) [2025] VSC 819.
When warranties become an important tool for protection
Well drafted warranties offer purchasers protection by providing an avenue to seek recovery in the event that what is acquired turns out to be different than what it was represented to be by the seller.
This article looks at a case involving a share sale agreement and the outcome achieved when action was taken against the seller due to a breach of warranties offered in the share sale agreement to the purchaser.
Are companies caught by Anti-Corruption legislation under Australian law?
Over the past three years, the Australian Government has placed increasing significance on developing anti-corruption laws at both the domestic and international level. This article provides an overview of some of the legislation which govern this area in Australia, how corporations can be found liable and how to access guides to manage compliance.
Protecting Secured Interests: Important asset protection considerations from Jones (Admin) v Realtek
The interests of a secured party are not unfailing, and appropriate attention should be given to ensuring that they are placed to receive the best outcome from administration. The extent of this susceptibility was highlighted in the recent Federal Court decision of Jones (Admin) v Realtek Semiconductor Corp Nuheara Ltd (Admins Apptd) (No 1) [2025].
Where an arrangement undermines the entitlements of a secured creditor, consideration should be had to the benefits conferred by the arrangement on other creditors broadly, particularly where the alternative is liquidation.