Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Cooper Grace Ward
This case is a good illustration of what creditors and liquidators should consider when it comes to preference payments.
Corrs Chambers Westgarth
With the right approach at an early stage, the effort of proactively seeking court assistance can pay great dividends.
Madgwicks
These new provisions will only apply to contracts entered into from 1 July 2018, and will not apply retrospectively.
Bartier Perry
This decision reinforces the role of interim receivers and managers and the Court approach to fixing their remuneration.
Norton Rose Fulbright Australia
Recent case considers the operation of the new statutory scheme for registration of liquidators. .
Kott Gunning
Mortgagees act quickly for a vesting order when a mortgaged property is disclaimed by a trustee in bankruptcy or liquidator. .
Cooper Grace Ward
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Corrs Chambers Westgarth
When a liquidator is appointed, a director will lose power to manage the company and is not able to waive privilege.
Worrells Solvency & Forensic Accountants
A reminder to keep your corporate affairs separate from your personal financial affairs. .
Worrells Solvency & Forensic Accountants
Article defines and discusses illegal phoenix activity and the budget measures designed to combat it. .
Worrells Solvency & Forensic Accountants
Article defines void transactions in bankruptcy and discusses the effect they have on creditors. .
BRI Ferrier
Discussion about discretion of court to extend time limitation under s588FF(3)(b) where it is fair & just in the circumstances.
Corrs Chambers Westgarth
3 former executives were held not to have engaged in misleading or deceptive conduct when trying to address a cash flow crisis.
Coleman Greig Lawyers
This important change from a raft of recent insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts.
Corrs Chambers Westgarth
The A to Z of Insolvency and Restructuring is a handy downloadable index of the difficult terms you need to understand.
Corrs Chambers Westgarth
Recent case - application to appoint special purpose liquidators & to obtain Court approval of funding & legal arrangements.
Carroll & O'Dea
Article discusses recent Victorian case which considers liquidation of lessee and assignment of the lease. .
Corrs Chambers Westgarth
Article discusses case where Court considered the priority of administrators' right to an indemnity out of company property. .
Corrs Chambers Westgarth
Recent SA SC decision involved a priority contest that turned on the construction of s62 Personal Property Securities Act.
BRI Ferrier
Using a deed of company arrangement as part of a company restructure is a way to assist organisations to stay afloat.
Most Popular Recent Articles
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
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
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.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
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.
Coleman Greig Lawyers
This important change from a raft of recent insolvency reforms concerns enforcement of 'ipso facto' clauses in contracts.
Corrs Chambers Westgarth
The A to Z of Insolvency and Restructuring is a handy downloadable index of the difficult terms you need to understand.
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