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Selected cases

Federal Court of Australia · [2026] FCA 566

Rix Electrical Contracting v Aitchison

A Federal Court liquidation case about enforcing a settlement deed after a former sole director of an electrical contracting company missed...

Federal Court of Australia7 May 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Liquidation claims against directors can turn into settlement enforcement very quickly.
  • A Federal Court liquidation case about enforcing a settlement deed after a former sole director of an electrical contracting company missed a $70,000 payment.

Use this to check

  • Liquidators can pursue directors for insolvent trading, unreasonable director-related transactions and company debts.
  • A settlement deed can preserve enforcement rights if payment is missed.
  • Creditors may need to approve a liquidator entering into a settlement deed.

Decision snapshot

  1. 1

    What happened

    • Rix Electrical Contracting was incorporated in January 2018 and provided domestic, commercial and industrial electrical services.
    • Rick Aitchison was its sole shareholder, director and secretary.
    • The company entered liquidation in March 2025.
    • In December 2025, the company and liquidators sued Mr Aitchison under the Corporations Act, alleging debts incurred while insolvent, unreasonable director-related transactions and a debt owed by Mr Aitchison to the company.
  2. 2

    What the court had to decide

    • The Court had to decide whether the company and remaining liquidator should receive summary judgment for the $70,000 settlement sum after Mr Aitchison defaulted under the settlement deed.
    • The issue was not whether the original insolvent trading and director-related transaction claims were proven, but whether the deed created an enforceable debt and left Mr Aitchison with any reasonable prospect of defending the enforcement application.
  3. 3

    What the court decided

    • The Federal Court entered judgment requiring Mr Aitchison to pay Rix Electrical Contracting $70,000 as a debt due, plus interest from 17 March 2026 and fixed costs of $13,000.
    • The Court also made procedural orders reflecting the resignation of one liquidator and dismissed the proceeding otherwise.

Practical impact

Practical read

  • Liquidation claims against directors can turn into settlement enforcement very quickly.
  • If a director settles claims for insolvent trading, director-related transactions or company debts, the settlement deed needs to be treated like a court-risk document: payment dates, default notices, consent-to-judgment wording...

Useful next steps

  • Liquidators can pursue directors for insolvent trading, unreasonable director-related transactions and company debts.
  • A settlement deed can preserve enforcement rights if payment is missed.
  • Creditors may need to approve a liquidator entering into a settlement deed.
  • Default notice mechanics matter because they can trigger immediate payment obligations.
  • A clear admission in a deed can support summary judgment if the settlement is not paid.

Practical read

This case has a very familiar small-business shape. An electrical contracting company fails. Liquidators look back through the company's dealings. The former sole director faces claims for insolvent trading, director-related transactions and a company debt. The parties compromise the dispute in a settlement deed, but the settlement payment is not made.

The settlement deed did a lot of work. It said the director would pay $70,000, creditors approved the liquidators entering into the deed, and if payment was not made after a default notice the company could either pursue the original claims or seek summary judgment for the default sum. The deed also contained admissions for the purpose of summary judgment, including that the default sum was a debt due and that there was no defence to it.

When the payment was missed, the liquidators gave written notice of default and later applied for judgment. Mr Aitchison did not file evidence or submissions and did not appear at the hearing. The Court accepted that he remained in default and that, under the deed, he had no reasonable prospect of defending the application for the default sum.

For directors and founders, the lesson is practical rather than abstract. A settlement deed is not a soft reset. If it contains clear default rights, consent-to-judgment language and costs provisions, a missed payment can lead to judgment, interest and fixed costs. Directors settling liquidation claims should make sure the payment timetable is realistic, funding is ready, and default consequences are understood before signing.

Checks to run

Key points

  • Keep board, solvency, creditor and payment records current while trading under pressure.
  • Before settling liquidation claims, check whether creditor approval or liquidator approval issues arise.
  • Make settlement payment dates realistic and match them to confirmed funding.
  • Read default clauses carefully, especially consent-to-judgment and indemnity-costs wording.
  • Respond to default notices immediately rather than waiting for a judgment application.
  • If a director expects bankruptcy or insolvency personally, get advice before signing or defaulting on the deed.

Key takeaways

  • Liquidators can pursue directors for insolvent trading, unreasonable director-related transactions and company debts.
  • A settlement deed can preserve enforcement rights if payment is missed.
  • Creditors may need to approve a liquidator entering into a settlement deed.
  • Default notice mechanics matter because they can trigger immediate payment obligations.
  • A clear admission in a deed can support summary judgment if the settlement is not paid.
  • Directors should not sign a settlement payment timetable without a realistic funding plan.

Related topics

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Update history

Case8 June 2026

Current insolvency recovery and administration cases added

Four current Federal Court explainers were added for director settlement defaults, voidable transaction extensions, liquidation funding and complex group administrations.