Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.
Carroll & O'Dea
The administration period can be difficult for a landlord, as their rights in relation to the premises are restricted.
Cooper Grace Ward
This is practical guidance for external administrators in responding to information requests from creditors and others.
Corrs Chambers Westgarth
Several proofs of debt were wrongly admitted or rejected; if correct, the company would not be put into liquidation.
Worrells Solvency & Forensic Accountants
The example was a liquidation where sales were being paid up front, but the company was still constantly short on cash.
Worrells Solvency & Forensic Accountants
A bankruptcy trustee has several powers and options to claim against a typical family trust or otherwise recover funds.
Jones Day
The receivers and the Commonwealth opposed the liquidators' position that the payments should be made by the liquidators.
Corrs Chambers Westgarth
When there is creditor opposition, a liquidator must demonstrate clear and cogent grounds in support of the compromise.
Corrs Chambers Westgarth
This case highlights a need to carefully consider the strategy that defendants take in ‘mothership' preference claims.
Madgwicks
Using an incorrectly spelt address when attempting to deliver a statutory demand proved to be a very expensive lesson.
Corrs Chambers Westgarth
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Cooper Grace Ward
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Corrs Chambers Westgarth
Continuing the story of Legend International where the Court found a company to be insolvent on the basis of a foreign debt.
Worrells Solvency & Forensic Accountants
Recent case identified the impact of bankruptcy provisions that require payment by bankrupt to bankruptcy trustee.
Worrells Solvency & Forensic Accountants
AFSA released the personal insolvency statistics for the December 2018 quarter, which continued the downward trend.
Worrells Solvency & Forensic Accountants
As part of Qld building industry fairness reforms, new laws strengthen the minimum financial requirements for licensing.
Worrells Solvency & Forensic Accountants
ASIC moved quickly to announce that it is committed to fully implement each of the 12 recommendations directed at it.
Corrs Chambers Westgarth
This Federal Court decision validated dispositions of property made by the company after the winding up process began.
Pointon Partners
The case is a summary of matters for courts to decide applications for extensions of time to convene creditors' meetings.
Corrs Chambers Westgarth
The Federal Court appointed a Special Purpose Liquidator (SPL) to investigate suspected illegal phoenix activity.
Most Popular Recent Articles
Corrs Chambers Westgarth
This Corrs building and construction industry podcast discusses two cases with different approaches taken by the courts.
Jones Day
The receivers and the Commonwealth opposed the liquidators' position that the payments should be made by the liquidators.
Worrells Solvency & Forensic Accountants
With the big banks tightening their lending criteria, the popularity of the private lending market continues to increase.
Worrells Solvency & Forensic Accountants
This article considers three major issues involved in how capital gains tax is treated in insolvency administrations.
Corrs Chambers Westgarth
Several proofs of debt were wrongly admitted or rejected; if correct, the company would not be put into liquidation.
Corrs Chambers Westgarth
The statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.
Worrells Solvency & Forensic Accountants
A bankruptcy trustee has several powers and options to claim against a typical family trust or otherwise recover funds.
Corrs Chambers Westgarth
Continuing the story of Legend International where the Court found a company to be insolvent on the basis of a foreign debt.
Corrs Chambers Westgarth
This case highlights a need to carefully consider the strategy that defendants take in ‘mothership' preference claims.
Worrells Solvency & Forensic Accountants
The example was a liquidation where sales were being paid up front, but the company was still constantly short on cash.
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