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Searching Content from Australia indexed under Insolvency/Bankruptcy/Re-structuring ordered by Published Date Descending.
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1
Are you a receiver, administrator or liquidator? You could be liable for offences under the Environmental Protection Act 1994 (Qld)
Receivers, administrators and liquidators must ensure they meet their environmental responsibilities to avoid a penalty.
Australia
24 Aug 2019
2
TGIF 16 August 2019: Federal Court instructs that liquidators should appoint a receiver when dealing with an insolvent corporate trustee
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Australia
20 Aug 2019
3
Insolvent trading trusts - one point of certainty
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.
Australia
15 Aug 2019
4
TGIF 2 August 2019: Putting to rest questions on the realisation of trust assets
Article considers recent case that confirms liquidators should approach the Court before taking steps to realise trust assets.
Australia
6 Aug 2019
5
The end of the corporate veil?
Often, the company director of a SME can be personally liable for a significant proportion of the company's liabilities.
Australia
5 Aug 2019
6
Transfer of business provisions and employee entitlements
Despite any sale contract terms about who is responsible for the employee entitlements, the Fair Work Act rules prevail.
Australia
5 Aug 2019
7
Combatting Illegal Phoenixing Bill reintroduced into parliament
The article raises awareness about legal and government initiatives to tighten the net around illegal phoenix activity.
Australia
5 Aug 2019
8
The effectiveness of the safe harbour regime: Have directors-ships pulled into the harbour?
The safe harbour laws provide company directors with an opportunity to explore restructuring opportunities.
Australia
5 Aug 2019
9
Misleading and deceptive conduct and misrepresentations induced investments into failed companies: Investors recover from former directors
Investors in a failed group of companies have recovered their lost money directly from the group's former directors.
Australia
1 Aug 2019
10
TGIF 26 July 2019: Removal refusal: New South Wales Supreme Court refuses an application to remove liquidators
Whilst it remains a high bar to remove them, liquidators must always be vigilant to ensure their independence is preserved.
Australia
30 Jul 2019
11
TGIF: Firm Restraint: Bankrupt stalls examination to restrain solicitors of liquidators from acting
This was an overview of the principles of a court's discretion to restrain a firm from acting against a former client.
Australia
25 Jul 2019
12
Building failure in the construction industry: understanding and mitigating the downside
The construction industry is disproportionately represented in insolvencies, so developers should be aware of the risks.
Australia
 
12 Jul 2019
13
Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
14
TGIF 5 July 2019: If you seek security for costs, best make sure your case is secure first
This case serves as a reminder that a funded liquidator and insolvent plaintiff may not justify an order for security.
Australia
9 Jul 2019
15
Creditors' Schemes Of Arrangement In Australia
The use of creditors' schemes of arrangement is on the rise in Australia (as we discussed in our previous article - Update on Creditors Schemes of Arrangement in Australia).
Australia
9 Jul 2019
16
Insolvent trusts – get your priorities straight
The priority regime in the Corporations Act does apply to payment of trust creditors of an insolvent corporate trustee.
Australia
8 Jul 2019
17
Debt agreement reform bill
The bill aims to make the debt agreement system more accessible and to provide more protection for debtors and creditors.
Australia
3 Jul 2019
18
Bankruptcy income assessments
The Bankruptcy Act 1966 provisions allow and encourage a person to continue earning an income throughout the bankruptcy.
Australia
3 Jul 2019
19
The Amerind High Court decision: employee entitlements in insolvency
Employee entitlements are given priority in an insolvency, whether the employer is a company or trading as a trustee.
Australia
3 Jul 2019
20
TGIF 28 June 2019: Insolvent Trading: is the privilege against self-incrimination available and how is liability split between successive directors?
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Australia
2 Jul 2019
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