Tag: liquidator
Books of the Company
What are Books of the Company? The scope of a Liquidator’s power to demand copies of documents under Section 530A of the Corporations Act 2001 We recently assisted a client with a letter of demand received from a liquidator of a building company (in liquidation) (the “First Company”). The First Company had initially entered into…
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- Insolvency
Liquidators: speak softly and carry a big stick
The famous US President Theodore Roosevelt once described his foreign policy as “speak softly, and carry a big stick”. The same maxim can equally be applied to daunting task of effecting a company liquidation, while managing the competing interests of creditors, employees and directors. After the failure of a company, liquidators are often forced to…
Read articleUnfair Preference Claim by Liquidator
Sections 588FA (1), 588FC and 588FE of the Corporations Act together prescribe the elements necessary for a liquidator to establish in order to be successful in a preference recovery action. It is useful to set out those provisions in full. Section 588FA (1) 588FA(1) [What is unfair preference] A transaction is an unfair preference given…
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