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Searching Content indexed under Insolvency/Bankruptcy by HHG Legal Group ordered by Published Date Descending.
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Fiocco Report released, on reform of WA construction industry security of payment
The report addressed the question of how to ensure subcontractors get paid, in times of head contractor insolvency.
Australia
19 Dec 2018
2
Forging a path to protecting subcontractor payments in insolvency
The reasoning in the Forge cases is important for subcontractors' payment rights in cases of head contractor insolvency.
Australia
12 Nov 2018
3
Guarantors: Enforcing guarantees is not guaranteed: Take it slow, consider your options
If you have guaranteed the debts of a person or entity, do not panic, as the creditor may be amenable to compromise.
Australia
7 Jul 2018
4
Safe harbour laws: New hope for companies and directors?
A 'safe harbour' protects directors to incur company debts which could have triggered a breach of insolvent trading laws.
Australia
15 Dec 2017
5
New hope for companies and directors: Relief from insolvent trading and ipso facto clauses
The reforms represent relief from unnecessary Government interference and encourage robust entrepreneurial risk taking.
Australia
23 Oct 2017
6
HHG Construction Law Series Part 18: Learning the lessons of contractor insolvency
In insolvency, there is always a lot of argument about precisely how the available money is going to be divided up.
Australia
28 Jun 2017
7
Raw deal for subcontractors in Builton collapse
External administrators were appointed to construction company, Builton, following an application for winding up.
Australia
17 Apr 2017
8
The great ACN/ABN divide: Practical tips for small business to protect personal property security interests
As a matter of commercial risk management, a small business should consider these steps to avoid any legal confusion.
Australia
2 Apr 2017
9
HHG Insolvency Update: Directors beware re guarantees and company administration
This area of the law can leave director-guarantors personally exposed in many ways that are often unanticipated.
Australia
25 Nov 2016
10
Could home buyers and subcontractors get a better deal when builders go bust?
Law reform is needed in the area of builder insolvency to improve the situation for homebuyers and subcontractors.
Australia
24 Nov 2016
11
Delay not necessarily the death of your PPS interest
Courts in WA and NSW have recently extended the time for PPS interest registration past the prescribed 20 business days.
Australia
1 Nov 2016
12
Could home buyers and subcontractors in WA get a better deal when builders go bust?
This latest builder insolvency may trigger discussions about reform and the interests of homebuyers and subcontractors.
Australia
20 Oct 2016
13
Secured creditors beware: How to avoid surrendering a security in liquidations
Secured creditors should be careful not to surrender their security when lodging a PoD and voting at creditors meetings.
Australia
2 Oct 2016
14
HHG Construction Law Series Part 11: Solving WA subcontractor payment and home indemnity issues
These could be related issues, as home builder insolvencies may seriously impact on both home owners and subcontractors.
Australia
5 Sep 2016
15
Time for reform in the building industry in WA
Industry and government representatives are working on proposals to reform the law relating to contractor insolvency.
Australia
12 Feb 2016
16
Contractors and the Personal Property Securities Act 2009
If done properly, PPSI registrations can help construction contractors in the event of their principal's insolvency.
Australia
1 Dec 2015
17
How do you pursue a debt?
The most common ways to pursue a debt are via court proceedings, a statutory demand or via specialist adjudication.
Australia
 
20 May 2015
18
Victorian Supreme Court declares enforcement of payment awards by insolvent contractors unconstitutional
Subcontractors have reason to be worried when head contractors become insolvent and do not have financial means to pay.
Australia
 
31 Mar 2015
19
Help! my spouse has become bankrupt. How does this affect my entitlements as the non-bankrupt spouse
The BFLAA now gives the Family Court power to make orders about property which has vested in a Trustee in bankruptcy.
Australia
11 Feb 2015
20
WA Supreme Court ensures liquidators of insolvent construction contractors give as good as they get: Hamersley iron Pty Ltd v James [2015] WASC 10
The case demonstrated conflict of payment rights in construction contracts in the context of the contractor's insolvency.
Australia
9 Feb 2015
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