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Articles by Pravin Aathreya
High Court confirms foreign entity immunity from winding up applications
A A A By and - Jul 05, 2024 8:35 am AEST Snapshot The High Court of Australia has upheld the NSW Court of Appeal decision that foreign state immunity, pursuant to ss 9 and 22 of the Foreign States Immunities Act 1985 (Cth), extends to Indonesia’s national airline which was subject to a winding up proceeding.
Arrium court finds significant non-current liabilities not sufficient to prove insolvency
Australia September 14 2021 In a substantial recent decision arising from the Arrium liquidation[1], the Supreme Court of New South Wales considered the materiality of significant future liabilities in assessing the company’s solvency. The Court’s decision represents an expanded conception of “the commercial realities” available to Arrium as a publicly listed company in managing a significant non-current liability.
Restructuring Reforms - Will The Proposed Two Tier System Avert The Zombie Apocalypse? - Insolvency/Bankruptcy/Re-structuring - Australia
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COVID-19 And Adjournment Applications: Balancing Due Process With Flexibility And Customisation
Australia: COVID-19 And Adjournment Applications: Balancing Due Process With Flexibility And Customisation 18 June 2020 Johnson Winter & Slattery To print this article, all you need is to be registered or login on Mondaq.com. Co-Author by Rick Ruffolo (Associate), Emily Blight (Law Graduate), Rachel Cox (Law Graduate), Alice Tyson (Law Clerk) In recent months, the courts have determined numerous applications to adjourn substantive hearings due to the ongoing COVID19 crisis.
A warning and opportunity for liquidators pursuing unfair preference claims | Lexology
In its recent decision in the ongoing Solar Shop litigation,[1] the Full Federal Court established two key principles which will have significant ongoing implications for the conduct of unfair preference claims: Significant failures by a liquidator to comply with discovery obligations can provide a basis for dismissal of an otherwise meritorious unfair preference claim; and A company’s debt to the Commissioner of Taxation as recorded in the integrated running account maintained by the...
A matter of trust: High Court rules on distribution of assets of an insolvent corporate trustee | Lexology
In its much anticipated decision, the High Court has unanimously dismissed the Amerind appeal.[1] This decision finally resolves recent uncertainty as to the proper application of trust assets in the liquidation of an insolvent corporate trustee.
“Adding fuel to the fire”: Administrators fail in bid to adjourn winding-up of Paltar Petroleum Ltd | Lexology
The significance of this decision On 3 May 2019, the Federal Court of Australia dismissed an application brought by the administrators of an oil and gas exploration company, Paltar Petroleum Limited (Paltar) to adjourn proceedings for the winding-up of the company in insolvency.
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