Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Corrs Chambers Westgarth
The liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.
Bryks Lawyers
Article discusses the prohibition on insolvent trading and the new safe harbour defence provisions.
Corrs Chambers Westgarth
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Worrells Solvency & Forensic Accountants
Business owners should invest some time before Christmas in budgeting and forecasting major cash inflows and outflows.
Worrells Solvency & Forensic Accountants
After four quarters of increases, September 2018 statistics saw a significant decline in personal insolvency activity.
Worrells Solvency & Forensic Accountants
A bankrupt's property vests in (belongs to) the bankruptcy trustee, until the bankruptcy administration is finalised.
Worrells Solvency & Forensic Accountants
This article looks at which common debts are extinguished in a bankruptcy, and some which are specifically excluded.
Worrells Solvency & Forensic Accountants
There are a number of issues to consider before a Deed of Assignment could be entered into by a registered liquidator.
Holding Redlich
This article assesses the effect of the recent insolvency legislative reforms on the insolvency market in Australia.
Norton Rose Fulbright Australia
The paper compares Singapore's reforms to its insolvency and restructuring legislation with England and Wales and the US.
Corrs Chambers Westgarth
Court directions can provide assistance to receivers in the context of hotly contested disputes and transactions.
Dentons
In a recent decision, Silvia (Trustee) v Williams [2018] FCAFC 194, guidance was given by the Full Federal Court in relation to a claim by a trustee of a bankrupt spouse that the bankrupt
Pointon Partners
The court approved the agreement by liquidators compromising the debts owed to companies to which they were appointed.
BRI Ferrier
Non-payment of debts by the taxpayer may result in liquidation or bankruptcy, once proceedings are issued by the ATO.
Corrs Chambers Westgarth
This article considers a liquidator's application for a warrant to search for and seize property, books and records.
KordaMentha
The Buyer is well positioned to recapitalise, given its proven track record in completing large scale mining acquisitions.
Corrs Chambers Westgarth
The director could not take a valid assignment of the statutory claims, so could not be substituted into the proceeding.
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.
Most Popular Recent Articles
Corrs Chambers Westgarth
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Worrells Solvency & Forensic Accountants
Article discusses the rights of landlords when their tenant becomes insolvent.
Worrells Solvency & Forensic Accountants
The director was disqualified from managing corporations for three years, after his involvement in 18 failed companies.
Madgwicks
If you're about to issue a Statutory Demand, failure to fulfil the requirements can mean serious trouble for its success.
Kott Gunning
A new Bill proposes severe penalties for directors and officers, if the company fails to meet all employee entitlements.
McCullough Robertson
These reforms are intended to protect companies experiencing financial difficulties, that undergo a genuine restructure.
Worrells Solvency & Forensic Accountants
A bankrupt's property vests in (belongs to) the bankruptcy trustee, until the bankruptcy administration is finalised.
Pointon Partners
If there are competing applications for substitution, the Court has discretion to decide which application is successful.
Norton Rose Fulbright Australia
The law reforms hope to develop a culture of restructuring and encourage investment in a company in financial distress.
Worrells Solvency & Forensic Accountants
After four quarters of increases, September 2018 statistics saw a significant decline in personal insolvency activity.
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