Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
Does a solicitor acting for a shareholder also owe a duty of care to the company in liquidation?
Barraket Stanton
If a company has not updated its registered office, it could be wound up without even knowing about the application.
Corrs Chambers Westgarth
This article considers the process that a liquidator may follow when a director fails to attend at an examination.
Dentons
The PPSA significantly altered the law in relation to the taking, registration and enforcement of security interests. Retention of title creditors in particular were faced with an entirely new paradigm.
Corrs Chambers Westgarth
While a company's books may be good evidence of the existence of a debt, the evidence is not necessarily conclusive.
Worrells Solvency & Forensic Accountants
Private receivership appointments are still occurring, both by court appointment and non-bank secured creditors.
Worrells Solvency & Forensic Accountants
It is expected that one-year bankruptcy could provide a compelling alternative to debt agreements for consumer debtors.
Worrells Solvency & Forensic Accountants
Employee fraud in small-to-medium businesses could be prevented at little or no cost to a vigilant business owner.
Worrells Solvency & Forensic Accountants
These guidelines can assist a director to assess temporary liquidity or a permanent/incurable working capital shortage.
Worrells Solvency & Forensic Accountants
Recent legislative changes are the beginning of the end for automatic contract termination due to an insolvency event.
Surry Partners
The costs of the process demonstrate that the Act should be amended to simplify the administration of insolvent trusts.
Corrs Chambers Westgarth
If the documents would assist in the investigation of potential claims, they do fall within the scope of these demands.
Corrs Chambers Westgarth
Discussion of recent case where Court ordered that a deregistered company be reinstated.
Madgwicks
Discussion of the defences that are available for voidable unfair preference payments under the Corporations Act 2001.
Worrells Solvency & Forensic Accountants
The director was disqualified from managing corporations for three years, after his involvement in 18 failed companies.
Worrells Solvency & Forensic Accountants
For repayment plans, ensure that you maintain current contact information and payment records to avoid overpayments.
Worrells Solvency & Forensic Accountants
The Phoenix Hotline is where people can report suspected phoenix behaviour to the ATO, so it can pursue wrongdoers.
Corrs Chambers Westgarth
Two essential elements must be satisfied when payments by a third party are sought to be impugned as unfair preferences.
Norton Rose Fulbright Australia
The law reforms hope to develop a culture of restructuring and encourage investment in a company in financial distress.
Pointon Partners
If there are competing applications for substitution, the Court has discretion to decide which application is successful.
Most Popular Recent Articles
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
Worrells Solvency & Forensic Accountants
Using credit repair and debt management firms may mean consumers pay high fees and not get the solution they're seeking.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
Norton Rose Fulbright Australia
Contracts should be checked without delay to maximise protection (to the extent possible) from these significant changes.
Corrs Chambers Westgarth
If the documents would assist in the investigation of potential claims, they do fall within the scope of these demands.
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