Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Kott Gunning
Discussion about recent High Court case and the reasons for confirming the validity of holding DOCAs.
Colin Biggers & Paisley
This case supports parties seeking to rely on traditional set-off in construction or other contracts after a liquidation.
Corrs Chambers Westgarth
In other circumstances, it could be appropriate for the administrator of the company to be appointed as the liquidator.
Worrells Solvency & Forensic Accountants
Last-minute asset protection strategies are rarely effective, so consider asset protection from the start of a venture.
Worrells Solvency & Forensic Accountants
Liquidators look for any 'unreasonable director-related transactions', which can reduce assets available to creditors.
Worrells Solvency & Forensic Accountants
A DIN will assist regulators and external administrators to investigate director involvement in illegal phoenix activity.
Worrells Solvency & Forensic Accountants
Article discusses the rights of landlords when their tenant becomes insolvent.
Holding Redlich
This case illustrates the breadth of available options to keep a company out of liquidation for the benefit of creditors.
Corrs Chambers Westgarth
Administrators approached court for orders to justify their continuation of inter-company loans & to limit personal liability.
Norton Rose Fulbright Australia
The article considers the impact of the IBA case for restructuring professionals, in Singapore, Hong Kong and Australia.
Madgwicks
Strategies for minimising your exposure to risk when one of your customes becomes insolvent.
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.
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.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
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.
Dentons
The voluntary administration process can be an effective restructuring tool for Not-for-Profit ('NFP') entities that are facing financial difficulties.
McCullough Robertson
These reforms are intended to protect companies experiencing financial difficulties, that undergo a genuine restructure.
Holding Redlich
Liquidation doesn't clean the slate for regulatory prosecutions and directors may still be liable for CoR offences.
Holding Redlich
This case illustrates the breadth of available options to keep a company out of liquidation for the benefit of creditors.
Madgwicks
Strategies for minimising your exposure to risk when one of your customes becomes insolvent.
Worrells Solvency & Forensic Accountants
Article discusses the rights of landlords when their tenant becomes insolvent.
Corrs Chambers Westgarth
Service is effected by rule 2.7 of the Corporations Rules, notwithstanding a longer period under rule 6.2(4) of the UCPR.
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