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Liquidators: get the Court’s seal of approval or pay the cost!

Litigation, Insolvency: 03 February 2025

In Greatcell Solar Ltd (in liquidation) [2024] FCA 1121 (Greatcell), joint and several liquidators for Greatcell Solar Limited (in liquidation) and Greatcell Solar Australia Pty Ltd (in liquidation) sought the Court’s approval pursuant to section 477(2B) of the Corporations Act 2001 (Cth) to enter into funding and costs agreements for the purpose of pursuing litigation. The liquidators had already entered into the agreements before applying to the Court for approval.

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Insolvency Law Update: Ousted from Office - A Recent Case Study of Gadsden v MacKinnon (Liquidator), in the matter of Allibi Pty Ltd (in liq) [2023] FCA 647.

Insolvency: 10 August 2023

On 15 June 2023, the Federal Court of Australia handed down a decision concerning an application pursuant to ss 90-10, 90-15 and 90-20 of the Insolvency Practice Schedule (Corporations) to replace the liquidators of Allibi Pty Ltd ACN 124 066 717 (in liq) (Company) by reason of a demand the liquidators made, which the Court held did not have a proper basis.

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