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Allens Arthur Robinson

Paper: Unravelling the latest Court decisions

In brief: This paper deals with four issues and concentrates on analysing four of the more interesting decisions of 2007.

Presented at 8th Annual Insolvency Symposium in Melbourne, Sydney and Brisbane.

The four issues include:

  • can future liability for future personal injury claims be transferred from one company to another, along with the benefit of insurance policies by way of a scheme of arrangement – Stork ICM Australia Pty Ltd;
  • using the Administrator's casting vote – is it an obligation and how should it be used – Ausino International; DCT v Wellnora;
  • the paper examines the most high profile disciplinary proceeding of the year – ASIC v Edge; and
  • examines the extent to which the availability of future funds is insufficient to avoid winding up on the grounds of insolvency – ASIC v Green Power,

as well as looking at the conclusion of the Green Pacific saga.

For more, download the paper (as an adobe acrobat pdf – 138KB).

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