Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
McCullough Robertson
These reforms are intended to protect companies experiencing financial difficulties, that undergo a genuine restructure.
BRI Ferrier
The DOCA provided a distribution to unsecured creditors, met all employee entitlements and paid out high-interest loans.
Holding Redlich
Given the prevalence of contractor insolvency, this new regime may be used in the building and construction industry.
Corrs Chambers Westgarth
The director was ordered to pay costs because of his conduct in opposing winding-up proceedings against his company.
Madgwicks
If a statutory demand is ignored, the company is deemed to have committed an act of insolvency and may be wound up.
Corrs Chambers Westgarth
When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.
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.
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
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
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.
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
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Bartier Perry
These reforms to corporation and tax laws have significant impact on directors, pre-insolvency advisers and businesses.
Norton Rose Fulbright Australia
Contracts should be checked without delay to maximise protection (to the extent possible) from these significant changes.
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