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A Question of Duty

21-6-24 / Paul McQuade KC — Corporate Insolvency & Bankruptcy, Corporations

In the June 2024 Edition of the ARITA Journal, Paul McQuade KC, Dr David Goldman and Jason Bettles consider a recent case brought by a practitioner which raises the question of who IPs owe duties to. The article also highlights the importance of maintaining accurate records. You can read the…

Extending The Limitation Period On Bringing Applications For Statutory Compensation

23-4-24 / Paul McQuade KC — Corporate Insolvency & Bankruptcy, Corporations

Paul McQuade KC comments on the judgment of Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361 in relation to the scope of the Corporations Act 2001 and whether the limitation period for commencing a claim can be extended. You can read the article here.

The “momentous” UK Supreme Court Decision on Directors Duties in Respect of Creditors’ Interests You Need to Know About

12-12-22 / Paul McQuade KC, David Chesterman KC, Matthew Jones KC — Corporate Insolvency & Bankruptcy, Corporations

According to Lord Reed, the issues on appeal in BTI 2014 LLC v Sequana SA [2022] UKSC 25 “go to the heart of our understanding of company law, and a considerable importance to the management of companies”. The decision concerns the fiduciary duty of directors to act in good faith in the…

Insolvency Law Update – Badenoch and the End of the Peak Indebtedness Rule

8-6-21 / Paul McQuade KC, Sean Russell, Hannah Lilley — Corporate Insolvency & Bankruptcy

The Full Federal Court’s recent decision in Badenoch Integrated Logging Pty Ltd v Bryant has important consequences for the calculation of unfair preference claims. This CPD will explain the reasoning behind the Court’s decision and identify those points of law which remain uncertain. Paul McQuade QC, Sean Russell and Hannah Lilley hosted…

Insolvent corporate and personal trustees, the Re Amerind High Court appeal, what you need to know

4-7-19 / Paul McQuade KC, Sean Russell, Mark Eade — Corporate Insolvency & Bankruptcy

In light of the High Court decision in Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth [2019] HCA 20 (“Re Amerind“), barristers Paul McQuade QC, Mark Eade and Sean Russell hosted a seminar covering the following issues: the trustee’s right of indemnity – what it is and how it…

Publications — Paul McQuade KC