When can defaulting trustees plead their own default against fellow malefactors?

The Victorian Court of Appeal recently allowed an appeal against an order staying a proceeding brought by companies in liquidation against their former directors for knowingly assisting breaches of trust allegedly committed by the companies. The Court discussed the principles that operate in such circumstances. Nicholson Street Pty Ltd (receivers and managers appointed) (in liq) …

Can a statutory demand be served on an incorporated association?

The statutory demand process is a familiar one to those who practise in insolvency and debt-collection. Section 459E of the Corporations Act 2001 (Cth) provides, inter alia, as follows: (1) A person may serve on a company a demand relating to: (a) a single debt that the company owes to the person, that is due …