Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
KordaMentha
As currently drafted, there are many difficulties when determining if a person is eligible for safe harbour protection.
Corrs Chambers Westgarth
This case identifies a specific scenario where the liquidators' power of disclaimer could not be used to avoid an EPO.
BRI Ferrier
The appointment of an administrator may be terminated as a consequence of directors being motivated by improper purposes.
Corrs Chambers Westgarth
These amendments should provide companies with necessary breathing space to implement a financial restructuring plan.
Corrs Chambers Westgarth
This decision confirms the move away from the thinking that the priority regime applies to all assets of a company.
Dentons
Peter Oreb and Ingrid Webber were directors of a group of companies supplying workforce solutions to some of the largest corporations in the world.
BRI Ferrier
The new legislation aims to promote a culture of entrepreneurship and a reduction in the stigma around company failure.
HHG Legal Group
External administrators were appointed to construction company, Builton, following an application for winding up.
Colin Biggers & Paisley
A liquidator owes a duty of care to guarantors when exercising a power of sale to realise the assets of the company.
Corrs Chambers Westgarth
Administrators should be mindful of making an application for an order to avoid automatic vesting of a security interest.
Colin Biggers & Paisley
New South Wales is now aligned with all other states in the Commonwealth and the Federal Court on this important issue.
DibbsBarker
The Federal Government released long-anticipated draft legislation making key changes to insolvency laws for directors.
McCullough Robertson
If the FRCGW applies to your asset disposal, engage with the ATO early so that the withholding is managed appropriately.
HopgoodGanim
The reforms, known as 'safe-harbour' provisions propose changes to directors' personal liability for insolvent trading.
Kott Gunning
Two recent decisions, on liquidator's remuneration and holding DOCAs, profoundly affect day-to-day insolvency practice.
McCullough Robertson
Restructuring and insolvency professionals should understand these liabilities from a payroll tax grouping perspective.
Corrs Chambers Westgarth
Liquidation need not be the end of the line, as a Court may terminate a liquidation if it is apparent debts can be paid.
Clayton Utz
Assets held by an insolvent corporate trustee in its capacity as trustee may not be "property of the company".
Cooper Grace Ward
The decision in Re Enhill, regarding a trustee's right of indemnity, has been generally criticised by legal commentators.
DibbsBarker
The Supreme Court of Victoria has gone some way to solidify a consistent trend in three important insolvency principles.
Most Popular Recent Articles
Corrs Chambers Westgarth
These amendments should provide companies with necessary breathing space to implement a financial restructuring plan.
BRI Ferrier
The appointment of an administrator may be terminated as a consequence of directors being motivated by improper purposes.
BRI Ferrier
The new legislation aims to promote a culture of entrepreneurship and a reduction in the stigma around company failure.
Clayton Utz
An understanding of legal professional privilege and its scope is extremely important for existing and former directors.
Corrs Chambers Westgarth
This decision confirms the move away from the thinking that the priority regime applies to all assets of a company.
Corrs Chambers Westgarth
A review of your PPSA registrations may uncover defects and errors that could compromise your statutory priorities.
BRI Ferrier
This article explores how construction companies may unlock hidden value in the form of a estimated income tax refund.
Corrs Chambers Westgarth
To decide otherwise would have severely undermined the policy settings which serve as the basis for insolvency law.
KordaMentha
The decision reinforces the need for creditors to properly register their security interests to protect their collateral.
Clayton Utz
The Chinese Government is attempting to provide more sophisticated tools for dealing with unprofitable companies.
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