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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Colin Biggers & Paisley ordered by Published Date Descending.
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1
Will proposed legislation on anti-phoenix reforms rise from its ashes?
The push for corporate and taxation legislative reform to quash phoenix activity has stalled, but maybe only temporarily.
Australia
1 Jul 2019
2
Why directors must consider creditor interests when company solvency is at risk
The Court found that the directors had breached their duties by failing to conduct a proper analysis of cash reserves.
Australia
3 Jun 2019
3
Rights of set-off against an insolvent company
This case supports parties seeking to rely on traditional set-off in construction or other contracts after a liquidation.
Australia
12 Nov 2018
4
Leasing update - recent and potential future challenges for landlords
Article reviews changes in law relevant to retail landlords and upcoming changes to law relevant to all landlords.
Australia
11 Apr 2018
5
Queensland environmental laws prevail over Commonwealth Corporations Act
The Court also held that the liquidators were "executive officer"s to comply with the environmental protection order.
Australia
5 Apr 2018
6
Safe harbour reforms to Corporations Act 2001. Is it safe to trade on?
Directors may be protected from liability for insolvent trading under certain circumstances.
Australia
4 Apr 2018
7
Rights on insolvency restricted in recent amendments to the Corporations Act 2001
The recent amendments have introduced a prohibition on the enforcement of ipso facto clauses in certain circumstances.
Australia
9 Oct 2017
8
Liquidator of a mining company issued with an environmental protection order
This judge's reasoning regarding the liability of a liquidator might also apply to administrators and to receivers.
Australia
14 Jun 2017
9
Creditors broad powers to remove external administrator
Creditors of a company have been given broad new powers to remove the external administrator without the need for court.
Australia
5 Jun 2017
10
Stop Press - Sanderson is successful in having liquidator remuneration approved
Significant work is now required by insolvency practitioners before approaching the Court for remuneration approval.
Australia
31 May 2017
11
Liquidators duty of care to guarantors
A liquidator owes a duty of care to guarantors when exercising a power of sale to realise the assets of the company.
Australia
12 Apr 2017
12
Sakr appeal (Remuneration of liquidators) successful
New South Wales is now aligned with all other states in the Commonwealth and the Federal Court on this important issue.
Australia
10 Apr 2017
13
Security interest and insolvencies: Lessons for secured parties
Security interests must be registered correctly to avoid assets vesting in a company if placed into administration.
Australia
13 Mar 2017
14
Victorian Court of Appeal limits application of Security of Payment Act in circumstances of claimant insolvency
An insolvent claimant in liquidation is precluded from relying on SoP Act procedures for recovering progress payments.
Australia
7 Dec 2016
15
Debt recovery proceedings: what are the basic Court procedures?
The process in debt recovery proceedings is driven by rules and regulations that are specific to each Court and state.
Australia
9 Oct 2016
16
Retention of title as a security interest under the Personal Property Securities Act
Suppliers should ensure that retention of title provisions are well drafted and registered as a security on the PPSR.
Australia
5 Sep 2016
17
Remuneration of administrators cases show courts lack consistency
Cases involving insolvency practitioners' remuneration show that these courts differ on how to assess remuneration.
Australia
4 Jul 2016
18
Does a deed of company arrangement (DOCA) extinguish claims by creditors for latent defects?
To mitigate risk, building companies considering a DOCA should also consider a risk assessment of all past projects.
Australia
30 Mar 2016
19
Remuneration, expenses and proportionality - an update for insolvency practitioners
Insolvency practitioners need to prove that their claims for remuneration are proportionate and reasonable.
Australia
4 Jan 2016
20
Insolvency Law Reform Bill 2015 - important implications for insolvency practitioners and their insurers
These proposed legislative reforms are designed to modernise disciplinary frameworks for insolvency practitioners.
Australia
14 Dec 2015
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