2013 – Case reviews


Prudential plc, R v Special Commissioner of Income Tax [2013] UKSC 1 – UK Supreme Court rules on the legal advice privilege and whether it extends or ought extend to legal (tax law) advice given by accountants


HC Legal Pty Ltd v Deputy Commissioner of Taxation [2013] FCA 45 – statutory demands by the ATO – application to set aside – fact that an objection to a tax assessment has been lodged of itself not grounds to have statutory demand set aside – legislative provisions deem notices of assessment conclusive evidence that amounts and particulars correct and due


ASIC v ActiveSuper Pty Ltd (No 2) [2013] FCA 234 – provisional liquidators – principles as to appointment


In the matter of SCW Pty Ltd [2013] NSWSC 578 – appeal from a liquidator’s decision to sell by tender causes of action against directors – s 1321 of the Corporations Act 2001 (Cth)


In the matter of O’Neill v Advantage Hearing Pty Ltd [2013] NSWSC 175 – use of s 1324 to restrain a director from appointing an administrator

Atco Controls Pty Ltd (in liquidation) v Stewart as liquidator of Newtronics Pty Ltd (in liquidation) [2013] VSCA 132 – liquidaors’ equitable liens – the principle in Universal Distributing


In the matter of Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd v Queensland Excavation Services Pty Ltd [2013] NSWSC 852 – first major PPSA decision in Australia – competing priorities between that of an owner/lessor who had an unregistered “transitional security interest” in collateral and a subsequent secured creditor with a registered security interest – PPS leases – attachment – perfection – enforceability against third parties – transitional security interests and exclusion to deemed perfection under s 322 of the PPSA

In the matter of Apex Gold Pty Ltd [2013] NSWSC 881 – PPSA – ss 588FL and 588FM of the Corporations Act – extension of time for registration of security interest granted by a company

Industrial Progress Corporation Pty Ltd v Wilson [2013] WASC 225 – effect on a guarantee of failure to register a security interest on the PPSR


Le Roi Homestyle Cookies Pty Ltd (in liquidation) v Gemmell [2013] VSC 452 – insolvent trading, public examinations and the privileges against self-incrimination for penalty or criminal proceedings


Strawbridge, in the matter of Retail Adventures Pty Ltd (Administrators Appointed) [2013] FCA 891 – administrators’ applications for directions under s 447D – voting at second creditors meetings of administrations


Woodcroft-Brown v Timbercorp Securities Ltd & Ors [2013] VSCA 284 – agribusiness managed investment schemes – product disclosure statements – whether directors had knowledge of information about a “significant risk”, which was required to be disclosed to investors – non-disclosures

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