Latest News

A recent decision by Justice Stewart of the Federal Court of Australia in Shute (Liquidator), in the matter of Modliv Pty Ltd (in liq) [2025] FCA 224 (“Shute”) serves as an important reminder to individuals summonsed to give evidence and/or produce documents in Court in relation to the examinable affairs of a company that:

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.

On 13 December 2023, the Supreme Court of Victoria handed down a decision concerning a creditors statutory demands in respect to unpaid present entitlements under trust.

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.

Insolvency law, a practice area very near and dear to our hearts (we are assuming that is why you are here) but like anything, there is always room for improvement.

A Recent Case Study of Cathro, in the matter of Cubic Interiors NSW Pty Ltd (in liq) [2023] FCA 694

A Ferrari was recently at the heart of a tug of war between liquidators and financiers, Aitken Partners represented the liquidators in court and we got the Ferrari. Read here to understand the implications.

New case management directions provide guidance for insolvency practitioners and solicitors to resolve mother proceedings in the most time and cost efficient manner as possible.

While the rest of the legal world is standing still and indeed reducing salaries or hours (or both), Aitken Partners is expanding its team through the recruitment of Alex Nicol as a principal lawyer for its Insolvency Team.