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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by HopgoodGanim ordered by Published Date Descending.
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1
Directors safe-harbour provisions about to set sail
The reforms, known as 'safe-harbour' provisions propose changes to directors' personal liability for insolvent trading.
Australia
5 Apr 2017
2
Incorrect PPSR registrations: An expensive lesson for the lessor
This case highlighted the importance for lessors of plant, equipment or other goods to get PPSR registrations correct.
Australia
6 Mar 2017
3
When mezzanine funders go to war - multiple secured creditors
This decision highlights areas where conflicts can arise in a commercial transaction involving multiple secured parties.
Australia
23 Aug 2016
4
Statutory demands: get the right help when your company's very existence is at stake
This case serves as a warning for legal practitioners and companies advising or seeking advice about statutory demands.
Australia
17 Mar 2016
5
Proposed insolvent trading safe harbour – a new life raft for companies struggling to stay afloat?
The Alert briefly explains the proposed changes and examines the potential utility of the safe harbour by directors.
Australia
7 Jul 2015
6
No liability for management committee members for insolvent trading in Queensland
Despite this decision in Robson, members of management committees should take care in the exercise of their roles.
Australia
1 May 2015
7
Insolvency shake up - Draft Insolvency Law Reform Bill
The draft bill aims to reform the insolvency industry by replacing the current system with a user-pays licensing scheme.
Australia
 
20 Nov 2014
8
Government seeks to cap redundancy entitlements in insolvencies
The Bill aims to cap entitlements payable by the Government to employees, redundant due to liquidation or bankruptcy.
Australia
11 Sep 2014
9
Commercial morality and deeds of company arrangement
The judgment has highlighted the vulnerability of deeds of company arrangement approved by related-party creditors.
Australia
29 Jan 2014
10
Changes to insolvency regulation: ASIC charged with clipping the phoenix's wings
'Phoenix activities' occur where directors transfer all of the assets of a distressed company into a new company.
Australia
 
26 Jun 2012
11
Are you a shadow director? Determining your liability as an advisor to a company
A recent decision of the NSW Court of Appeal clarified when a person will be considered a shadow director of a company.
Australia
30 Nov 2011
12
Insolvency Alert: Bare trustee's right to indemnity
A discussion on the Federal Court clarification of bare trustee's right to indemnity out of the property of a trust.
Australia
 
30 Jun 2011
14
Insolvency Alert: Avoiding a funder blunder
Supreme Court of Queensland hands down decision which illustrates that a Liquidator should be well prepared when applying to the Court for approval of a litigation funding agreement.
Australia
 
30 Jun 2011
15
Insolvency Liquidator Personally Pays Indemnity Costs
Liquidators face a number of complex and challenging issues when bringing litigation to recover funds for the benefit of creditors. A recent decision of the New South Wales Supreme Court emphasises the importance for liquidators of obtaining proper advice before commencing proceedings.
Australia
12 Dec 2010
16
Appointment of Administrators No Guarantee for Company Directors
A recent Queensland Supreme Court decision is a timely reminder that company directors need to act promptly and seek proper advice when their company is, or soon will be, insolvent. If they fail to take proper action, directors could be held personally liable for the company’s debts.
Australia
 
7 Dec 2010
17
The Days Of Litigating At Leisure Are Over!
This bold statement, asserted by Her Honour Justice Atkinson, was demonstrated in her recent judgement of Multi Service Group Pty Ltd and Robert Eugene Murphy as Liquidator of Multi Service Group Pty Ltd -v- Graham John Osbourne & Ors [2009] QSC 286.
Australia
24 Sep 2009
18
ASIC Proposed Changes To Capital Raising Regulatory Requirements
Earlier this year, ASIC released a consultation paper calling for submissions on a number of changes proposed in order to remove certain existing regulatory impediments to capital raising. ASIC have now received submissions and expects to release policy documentation relating to the proposals in May 2009.
Australia
 
22 Apr 2009
19
ASIC Insolvent Trading Crack Down: Are you at Risk?
ASIC has warned that it intends to step up efforts to monitor potentially insolvent companies and ensure that directors take appropriate steps in circumstances where a company becomes or is likely to become insolvent.
Australia
 
29 Jan 2009
20
I´m Sorry Landlord, But I Don´t Think Your Tenant Is Going To Pull Through......
Whilst everyone from heads of state to taxi drivers can (and usually will) proffer an opinion as to whether the current economic climate meets whatever technical criteria the economists consider necessary to be labelled a "recession", these semantics matter little to the growing number of landlords now facing the reality of dealing with tenants who enter into some form of insolvency administration.
Australia
8 Dec 2008
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