The Court of Appeal’s judgment in Australian Sawmilling Company Pty Ltd (in liq) v Environment Protection Authority  VSCA 294 clarifies that a liquidator may be an ‘occupier’ for the purposes of the Environment Protection Act 1970 (Cth).
Author: James Claridge
A recent judgment of O’Callaghan J confirms that rental expenses incurred during the statutory ‘no liability’ period following an administrator’s appointment may be afforded priority in a subsequent winding up, despite the fact that the administrators are not personally liable for those expenses.
The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) received Royal Assent on 17 February 2020. A number of important measures targeted at ‘phoenix activity’ have now taken effect, including the duty imposed on company officers to prevent ‘creditor-defeating dispositions’.
In Botsman v Bolitho & Ors  VSCA 278, the Court of Appeal agreed that a settlement sum of $64 million was fair and reasonable but overturned the trial judge’s decision to approve distributions in respect of legal costs and pursuant to a common fund order.
The Court of Appeal dismissed an appeal by ASIC in proceedings brought against Peter Geary, a former officer of the Australian Wheat Board. The proceedings related to payments made by AWB to the Iraqi government in contravention of UN Resolutions.