Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Worrells Solvency & Forensic Accountants
The general rule in bankruptcy is that a person's property, including the family home, vests in the bankruptcy trustee.
Corrs Chambers Westgarth
This TGIF considers a refusal by the Federal Court to declare void or terminate a DOCA on certain grounds.
Corrs Chambers Westgarth
This week's TGIF considers when a special purpose liquidator might be appointed to investigate 'not viable' claims.
Corrs Chambers Westgarth
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Bartier Perry
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.
Corrs Chambers Westgarth
Article considers recent case that confirms liquidators should approach the Court before taking steps to realise trust assets.
Worrells Solvency & Forensic Accountants
Often, the company director of a SME can be personally liable for a significant proportion of the company's liabilities.
Worrells Solvency & Forensic Accountants
The article raises awareness about legal and government initiatives to tighten the net around illegal phoenix activity.
Worrells Solvency & Forensic Accountants
The safe harbour laws provide company directors with an opportunity to explore restructuring opportunities.
Pointon Partners
Investors in a failed group of companies have recovered their lost money directly from the group's former directors.
Corrs Chambers Westgarth
Whilst it remains a high bar to remove them, liquidators must always be vigilant to ensure their independence is preserved.
Corrs Chambers Westgarth
This was an overview of the principles of a court's discretion to restrain a firm from acting against a former client.
Cooper Grace Ward
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
DLA Piper
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).
McCullough Robertson
The priority regime in the Corporations Act does apply to payment of trust creditors of an insolvent corporate trustee.
Worrells Solvency & Forensic Accountants
The bill aims to make the debt agreement system more accessible and to provide more protection for debtors and creditors.
Worrells Solvency & Forensic Accountants
The Bankruptcy Act 1966 provisions allow and encourage a person to continue earning an income throughout the bankruptcy.
Worrells Solvency & Forensic Accountants
Employee entitlements are given priority in an insolvency, whether the employer is a company or trading as a trustee.
Corrs Chambers Westgarth
An insolvent trading claim involved privilege against self-incrimination and liability split between successive directors.
Corrs Chambers Westgarth
An insolvency exclusion in a D&O policy did not exclude claims against directors of a company under administration.
Most Popular Recent Articles
Cooper Grace Ward
Receivers, administrators and liquidators must ensure they meet their environmental responsibilities to avoid a penalty.
Corrs Chambers Westgarth
This TGIF considers a refusal by the Federal Court to declare void or terminate a DOCA on certain grounds.
Corrs Chambers Westgarth
This week's TGIF considers when a special purpose liquidator might be appointed to investigate 'not viable' claims.
Corrs Chambers Westgarth
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Bartier Perry
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.
Bryks Lawyers
Article discusses the prohibition on insolvent trading and the new safe harbour defence provisions.
McCullough Robertson
The priority regime in the Corporations Act does apply to payment of trust creditors of an insolvent corporate trustee.
Worrells Solvency & Forensic Accountants
The article raises awareness about legal and government initiatives to tighten the net around illegal phoenix activity.
Worrells Solvency & Forensic Accountants
Often, the company director of a SME can be personally liable for a significant proportion of the company's liabilities.
KordaMentha
The construction industry is disproportionately represented in insolvencies, so developers should be aware of the risks.
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