Rhett Kipps

Production orders: the problem with ‘concern’ and ‘for the benefit of’

Production orders: the problem with ‘concern’ and ‘for the benefit of’

In Giraud v Albarran (liquidator), in the matter of Digital Infrastructure Pty Ltd (in liq) [2021] FCA 1274; (2021) 156 ACSR 236, the Court reviewed, de novo, a registrar’s orders for production of documents in aid of a public examination. The decision is notable for how the Court treated

Annulment bid fails despite judgment set aside

The applicant creditor successfully resisted a bankrupt's application to annul his bankruptcy in JML Rose Pty Ltd v Jorgensen (No 3) [2025] FCA 976. Following a Magistrates Court default judgment for unpaid legal fees, the bankrupt was served with a bankruptcy notice, committed an act of bankruptcy, and

Filed or just lodged? A registrar's extension order unwound on appeal

Filed or just lodged? A registrar's extension order unwound on appeal

Lamb v Sherman [2023] FCAFC 85; (2023) 298 FCR 79 concerned an appeal from a sequestration order. The appellant had 21 days to comply with a bankruptcy notice. On the last day, at 4:37 pm, her solicitors electronically lodged an application to set the notice aside — seven minutes after

Court of Appeal expands first mortgagee's priority in development dispute

Court of Appeal expands first mortgagee's priority in development dispute

In ProLend Solutions No 50 Pty Ltd v Monaco Solicitors Pty Ltd [2026] QCA 68, the Court of Appeal significantly expanded a first mortgagee’s priority in respect of disputed proceeds of a residential property development under a Deed of Priority. The decision highlights the importance of careful drafting of

Successful claim on fidelity fund

Successful claim on fidelity fund

I appeared for the applicants in Arbuthnot & anor v Queensland Law Society [2024] QCAT 125 in respect of a successful review against a decision by the Queensland Law Society to entirely reject their claim on the fidelity fund. The case followed a (then) solicitor drafting a will which relevantly

Mortgages and unconscionable conduct

Mortgages and unconscionable conduct

I appeared in a case before Jackson J where a guarantor sought to avoid an action for recovery of possession by asserting the mortgage was void for statutory unconscionable conduct. The guarantor was unsuccessful in so doing, and the court held that if restitution for the loan is not offered,

Perils of electronic signatures

Perils of electronic signatures

I recently presented on the Perils of Electronic Signatures for Legalwise.

Secured creditor nearly loses security by lodging proof of debt

Secured creditor nearly loses security by lodging proof of debt

Secured creditors need to be careful in lodging a Proof of Debt which fails to value their security interest, or they may inadvertently surrender their security interest. The Supreme Court of New South Wales recently considered whether a secured creditor had surrendered the security after they lodged a proof of

‘Standstill’ agreement is ‘some other reason’ to set aside statutory demand

The Supreme Court of New South Wales recently considered whether a 'standstill agreement' between the parties to refrain from enforcement of a judgment debt was 'some other reason' to have a statutory demand set aside. The Court held that there was a seriously arguable case that

Bankrupts can personally sue for post-bankruptcy income

In Davey v Dessco Pty Ltd & Anor, the Victorian Supreme Court recently held that post-bankruptcy income does not vest in a trustee in bankruptcy, and that an undischarged bankrupt is entitled to sue for such income in the bankrupt’s own name. The decision overturned a lower court’

Improving prospects of your legal recoveries

Improving prospects of your legal recoveries

I recently presented on improving your prospects of legal recoveries for the Australian Institute of Credit Management.

Subbies defeat preference claim for payments from head contractor

Subbies defeat preference claim for payments from head contractor

The Supreme Court of New South Wales has recently dismissed unfair preference claims brought by liquidators against six subcontractors in In the matter of Evolvebuilt Pty Limited [2017] NSWSC 901. The decision clarifies the circumstances in which a liquidator can pursue payments by third parties as unfair preference payments, often

Liquidators need a proper basis to issue demands

Parker, in the matter of Worldwide Specialty Property Services Pty Ltd (in liq) v Worldwide Specialty Property Services Pty Ltd (in liq) [2017] FCA 687 recently considered a liquidator’s application to extend time to pursue voidable transactions under section 588FF of the Corporations Act 2001 (Cth). While the liquidator

Electronic signatures on guarantees: a high risk of fraud and dishonesty

As electronic communications and electronic signatures become more prevalent in modern commerce, there is an increased risk of fraud. Trade credit businesses place considerable reliance upon signatures which appear on terms and conditions of trade and, perhaps more importantly, personal guarantees. This carries risk that a signature of a person

Can subbies in Queensland defeat unfair preference claims?

Can a subcontractor defend an unfair preference claim by pointing to the charge it could have claimed under the Subcontractors' Charges Act?

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