What is a bare trustees' power of sale of trust assets and to make distributions to creditors in insolvency?

Rent incurred during the administration period has priority over other unsecured debts - recent decision of the Federal Court of Australia

In what was a welcome decision for landlords in the current climate, the Federal Court of Australia recently ruled that rent was an expense “properly incurred” by the Administrators and accordingly given priority over other unsecured debts by virtue of s.556(1) of the Corporations Act 2001 (Cth) (Act).

Bankruptcy update: The Court’s power to go behind a Judgment

In a landmark decision Ramsay Health Care Australia v Compton, the High Court found that a bankruptcy notice founded on a judgment debt can be challenged and that the Court can use its discretion to “go behind” a judgment that is relied upon in a bankruptcy notice to determine whether the debt is truly owing.