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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Tom Darbyshire ordered by Published Date Descending.
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Anti-phoenixing reforms are still circling…
Anti-phoenixing legislation was reintroduced into Federal Parliament, after lapsing earlier in 2019 due to the election.
Australia
20 Sep 2019
2
Small slips sink statutory demands
If you don't get the processes right, a court can set aside the CSD and order you to pay the debtor company's costs.
Australia
27 May 2019
3
Liability of directors for employee entitlements
A new Bill proposes severe penalties for directors and officers, if the company fails to meet all employee entitlements.
Australia
19 Dec 2018
4
High Court endorses holding DOCAs - mighty river flows to the High Court
Discussion about recent High Court case and the reasons for confirming the validity of holding DOCAs.
Australia
14 Nov 2018
5
The stormy journey into the safe harbour: Recent reforms in Australian insolvency law
These recent "safe harbour" reforms substantially change the risks faced by the directors of insolvent companies.
Australia
10 Jan 2018
6
Forging new law in insolvency: Cases and developments coming out of the collapse of the Forge Group
Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.
Australia
15 Oct 2017
7
A mighty relief for insolvency practitioners: Holding DOCAs upheld by WA Court of Appeal
The Court rejected an attempt to argue that holding DOCAs were not consistent with the Corporations Act, so were invalid.
Australia
4 Sep 2017
8
Forging new law in insolvency - cases and developments coming out of the collapse of the Forge Group
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Australia
1 Aug 2017
9
Insolvency practitioners have a win on fees and holding DOCAs, for now
Two recent decisions, on liquidator's remuneration and holding DOCAs, profoundly affect day-to-day insolvency practice.
Australia
3 Apr 2017
10
An overview of Unreasonable Director Related Transactions (UDRTs)
Directors and company advisors should thoroughly understand how to ensure that a transaction can not become a UDRT claim.
Australia
6 May 2016
11
The A – Z of Insolvent Trustees
The insolvency of a company which is the trustee of a trust presents particular challenges for creditors.
Australia
7 Sep 2015
12
Setting aside statutory demands . . . on conditions
Just because a weak offsetting claim can set aside a statutory demand, there are still tactics that a creditor can use.
Australia
1 May 2015
13
Statutory demands – how to prove an offsetting claim in Western Australia
This decision has clarified what must be shown to set a statutory demand aside, making that task significantly easier.
Australia
9 Oct 2014
14
Liquidators and their independence
The case is very important for liquidators, administrators, and anyone appointing them or challenging their appointment.
Australia
7 Aug 2014
15
Extra time for liquidators – shelf orders approved, for now
The power of a court to make a shelf order is fairly clear for now, but the law in this area may not yet be settled.
Australia
4 Jun 2014
16
How close is too close? Court gives guidance to liquidators about independence
IPs must be able to assure creditors that they are not influenced by directors, creditors, or other stakeholders.
Australia
5 Mar 2014
17
ITS About Time for a New Name; ITSA becomes AFSA
The Insolvency & Trustee Service Australia (ITSA) is now the Australian Financial Security Authority (AFSA).
Australia
24 Sep 2013
18
Receivers’ Costs Under the Microscope - who is liable?
An update on an ongoing dispute between companies in the Westpoint Group.
Australia
2 Apr 2013
19
What Must Receivers Reveal?: Receivership and Legal Professional Privilege
Although the receivers were entitled to claim legal professional privilege, they hadn't put forward enough evidence.
Australia
5 Feb 2013
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