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Kristen Camilleri

What happens to Directors and Shareholders After a Winding up Order is Issued? Corporate and M&ALitigation & Dispute Resolution

What happens to Directors and Shareholders After a Winding up Order is Issued?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a court issues a winding up order, the company enters into official liquidation, and control of the company is transferred away from its directors and shareholders. The court will appoint a liquidator, usually the Official…
Kristen Camilleri and Jonathan Abela Fiorentino
17th June 2026
Statue of scale of justice with background of lawyer
What happens to Court Cases once a Company is ordered into Liquidation? Corporate and M&ALitigation & Dispute Resolution

What happens to Court Cases once a Company is ordered into Liquidation?

Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a company is officially placed into liquidation by a court order, any ongoing court cases involving the company, whether filed by it or against it, may no longer proceed in the usual way. Under the Companies Act, no legal proceedings may be continued or commenced against the company…
Kristen Camilleri and Jonathan Abela Fiorentino
13th May 2026
Can a Legal Action be Paused Once a Company is Being Wound Up? Litigation & Dispute Resolution

Can a Legal Action be Paused Once a Company is Being Wound Up?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. When a winding up application is filed before the Maltese courts, the company in question does not instantly enter liquidation. However, certain legal protections may immediately come into play, including the possibility of pausing other court…
Kristen Camilleri and Jonathan Abela Fiorentino
15th April 2026
A New Era for Commercial Disputes: Malta Revives the Commercial Court Litigation & Dispute Resolution

A New Era for Commercial Disputes: Malta Revives the Commercial Court

Malta has taken a significant step towards a more specialised framework for commercial dispute resolution with the enactment of Act No. IV of 2026 on 17 March 2026, formally paving the way for the re-establishment of a dedicated Commercial Court. This marks an important development in the handling of complex business disputes. The Commercial Court will form part of the superior courts and will be presided over by a single judge. It shall be given broad jurisdiction over commercial matters, including disputes arising under the Commercial Code, the Companies Act and the Competition Act, as well as cases concerning merchant…
Kristen Camilleri and Jonathan Abela Fiorentino
24th March 2026
Is court involvement needed to wind up a company? If so, when and why? Corporate and M&ALitigation & Dispute Resolution

Is court involvement needed to wind up a company? If so, when and why?

This article is the first of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Introduction While there are various grounds upon which a company may be dissolved, dissolution has traditionally involved some form of court supervision, whether voluntary or compulsory, with limited exceptions. Article 214 of the Companies Act,…
Kristen Camilleri and Jonathan Abela Fiorentino
18th March 2026
No Appeal Unless the Law Says So
Court Reaffirms Limits on Appeals in Liquidation Proceedings Corporate and M&ALitigation & Dispute Resolution

Court Reaffirms Limits on Appeals in Liquidation Proceedings

In two recent partial judgments delivered on 22nd July 2025 in the liquidation proceedings in the names Genesis Global Limited vs X (127/2022 ISB), the Civil Court (Commercial Section) reaffirmed a key principle under Maltese company law: there is no right of appeal from decrees issued in the context of liquidations unless expressly provided for by law. The decrees arose from requests by two intervening parties seeking creditor recognition in the ongoing liquidation of a company regulated under the Companies Act (Chapter 386 of the Laws of Malta). Their applications to be included in the list of recognised creditors had…
Kristen Camilleri and Michael Psaila
31st July 2025