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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Swaab ordered by Published Date Descending.
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1
Until debt do us part: The effective use and pitfalls of statutory demands
Where a genuine dispute exists, creditors should commence court proceedings rather than issuing a statutory demand.
Australia
19 Nov 2018
2
Right to terminate contracts for insolvency
The right to terminate a contract is now not enforceable if it is triggered by a party suffering an insolvency event.
Australia
19 Jul 2018
3
Liquidators examining pre-examination steps
Examinations under sections 596A and 596B of the Corporations Act 2001 (Cth) are important for liquidators.
Australia
9 Nov 2014
4
Liquidator's right to recover costs and expenses
The case provides certainty for liquidators to obtain reimbursement when action to realise company assets is successful.
Australia
31 Jul 2014
5
Practice Note: Court approval of provisional liquiditor's remuneration
This case is a reminder of matters to be addressed for court approval of the remuneration of a provisional liquidator.
Australia
31 Jul 2014
6
Extending a convening period before it expires - relevant principles for a company administrator
The administrator of a company under administration must convene a meeting of creditors within the convening period.
Australia
6 Jul 2014
7
Tenants beware - High Court confirms liquidators of landlord companies can disclaim leases
The liquidators of a landlord company can disclaim a lease, which will terminate the leasehold interest of the tenant.
Australia
15 Feb 2014
8
Inquiry into NSW construction industry insolvency - final report and recommendations
The Government has indicated in principle support to some of the recommendations and has sought clarification on others.
Australia
27 Jun 2013
9
Pre-Packaged insolvencies by distressed companies
"Pre-packs" are arrangements where the sale of a business is negotiated prior to the appointment of an administrator.
Australia
12 May 2013
10
Construction Industry Insolvency Inquiry in NSW
The Inquiry has now released a Final Report and 3 Consultation Summary Papers covering recommendations of the inquiry.
Australia
23 Feb 2013
11
Recognition of Cross-border Insolvencies in Australia
The article covers foreign insolvency proceedings in Australia under the UNCITRAL Model Law on Cross-Border Insolvency.
Australia
23 Dec 2012
12
Employee rights when your employer becomes insolvent
The Fair Entitlements Guarantee Bill 2012 formalises the General Employee Entitlements and Redundancy Scheme.
Australia
15 Dec 2012
13
Publishing Winding Up Notices - Avoiding Duplication of Costs
Changes to the way most corporate insolvency notices have to be published came into effect on 1 July 2012.
Australia
13 Jul 2012
14
Changes to Insolvency Notice Publication Requirements
ASIC has announced changes to the way most corporate insolvency notices need to be published from 1 July 2012.
Australia
14 Jun 2012
15
Insolvent Trading...? Don't go there.
ASIC has launched legal action against the directors of Kleenmaid for alleged insolvent trading and fraud.
Australia
18 Mar 2012
16
An Introduction To Insolvency Law - Part One
'Insolvency' is defined as the absence of solvency. Solvency, in turn, is defined as the ability of an entity to pay all of its debts as and when they fall due
Australia
 
18 May 2009
17
An Introduction To Insolvency Law - Part Two
'Insolvency' is defined as the absence of solvency. Solvency, in turn, is defined as the ability of an entity to pay all of its debts as and when they fall due
Australia
 
18 May 2009
18
Shareholder Claims Against Insolvent Companies - Sons Of Gwalia
The Sons of Gwalia case arose in the context of legislative developments in recent years to give shareholders remedies against their company, as well as others, where they suffer loss through certain forms of corporate misconduct.
Australia
13 Mar 2009
19
Directors Under Fire: Defending Insolvent Trading Claims
The purpose of this paper is to provide a very brief overview of the law relating to directors’ liability for insolvent trading and, more importantly, a practical guide to defending proceedings brought against a director for such a claim.
Australia
5 Feb 2009
20
Corporate Law Update: Debt v Equity
In times of cyclical downturn and adverse operating conditions, companies are vulnerable if they have a high exposure to debt.
Australia
20 May 2008
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