2015 – Case reviews


Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2015] HCA 10; (2015) 254 CLR 489 – Octaviar liquidations – shelf orders under s 588FF(3) of the Corporations Act – extension of time within which a liquidator may apply for orders re voidable transactions – where transactions unable to be identified at the time of seeking the extension

Grant Samuel Corporate Finance Pty Ltd v Fletcher; JP Morgan Chase Bank, National Association v Fletcher [2015] HCA 8 – Octaviar liquidations – shelf orders – court rules of states and territories cannot apply so as to vary the time dictated by s 588FF(3) for the bringing of voidable transaction proceedings


The Bell Group Limited (in liq) v Deputy Commissioner of Taxation [2015] FCA 1056 – post-liquidation s 260-5 garnishee notices issued by the ATO against the NAB re post-liquidation taxation liabilities – garnishee notice an “attachment” for purposes of s 468(4) of the Corporations Act – s 254(1)(h) of the ITAA36 not apply because not “attachable property” – s 254(1)(h) of the ITAA36 not override or trump s 468(4) of the Corporations Act – s 468(4) not to be read down so as to permit such an attachment – High Court’s reasoning re pre-liquidation tax liabilities in Bruton Holdings applies equally to post-liquidation tax liabilities – The High Court’s reasoning as to the regime in 260-45 of Schedule 1 of the TAA equally applicable to s 254 of the ITAA36 – Commissioner had no power to issue the notices