Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Norton Rose Fulbright Australia
The Court was not satisfied that the administrators were entitled to an equitable lien of the kind and in that amount.
Cooper Grace Ward
A claim for set-off is not available if, at the time of giving credit to the company, the person knew of the insolvency.
Holman Webb
Federal Court confirms that a set-off under section 553C of the Corporations Act can be utilised in an unfair preference claim.
Corrs Chambers Westgarth
Ponzi scheme investors unsuccessfully sought to have the remaining funds in the bank accounts pooled for distribution.
Madgwicks
The Administrators were not entitled to charge the owners of goods to retrieve their unsold items from the auction house.
Bartier Perry
Company directors have 'safe harbour' protection from insolvent trading claims while they develop plans to restructure.
Corrs Chambers Westgarth
Guarantor unsuccessfully sought to rely on the rule against double satisfaction to reduce his liability to a creditor.
Corrs Chambers Westgarth
This case was an application seeking a declaration as to the validity of the appointment of a voluntary administrator.
Worrells Solvency & Forensic Accountants
c Bankruptcy legislation tries to ensure that bankrupts can maintain a decent standard of living and earn an income.
Worrells Solvency & Forensic Accountants
The CQ Leagues Club reopens - with new owners, new community initiative, and new lease on life as the Rocky Sports Club.
Worrells Solvency & Forensic Accountants
This article looks at bankruptcy and which assets a bankruptcy trustee can realise or sell (i.e. divisible property).
Colin Biggers & Paisley
Directors may be protected from liability for insolvent trading under certain circumstances.
Bryks Lawyers
This article explains what an ‘ipso facto' clause is, when they are problematic and they mean for Australian companies.
BRI Ferrier
Bill proposes to reduce minimum term of bankruptcy to 1 year from date bankruptcy declared and Statement of Affairs lodged.
Sparke Helmore Lawyers
Article discusses ASX update of Guidance Note 8 (GN8) on Continuous Disclosure released on 9 March 2018.
Corrs Chambers Westgarth
Part 2 looks at "circulating assets" and what that means for receivers when handling the property of insolvent companies.
Corrs Chambers Westgarth
The case has useful implications for secured creditors and insolvency practitioners called upon to adjudicate on claims.
Corrs Chambers Westgarth
Amendments to the Corporations Act provide for a new safe harbour protection for company directors. .
Corrs Chambers Westgarth
The corporate trustee's right of indemnity by way of exoneration was property of the company within the meaning of s 433.
Stacks Law Firm
Lessors should register their interests on the Personal Property Securities Register to avoid losing title to those goods.
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.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
BRI Ferrier
Bill proposes to reduce minimum term of bankruptcy to 1 year from date bankruptcy declared and Statement of Affairs lodged.
Worrells Solvency & Forensic Accountants
Total bankruptcies fell while popular bankruptcy alternatives, debt agreements and personal insolvency agreements, rose.
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