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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Kott Gunning ordered by Published Date Descending.
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1
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
2
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
3
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
4
Mortgagees need a vesting order
Mortgagees act quickly for a vesting order when a mortgaged property is disclaimed by a trustee in bankruptcy or liquidator.
Australia
13 Jun 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
When is a DOCA not the DOCA?
Administrators should ensure that the DOCA being signed is indeed the DOCA as "specified in the resolution" meeting.
Australia
1 Oct 2017
8
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
9
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
10
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
11
The new Associations Incorporation Act 2015 (WA) – Administration and winding up
Instalment 8 in this series on reforms deals with new administration and winding up provisions introduced under the Act.
Australia
6 Nov 2016
12
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
13
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
14
How can a landlord best protect their rights from an insolvent tenant
A landlord's ability to recover money from a tenant in circumstances of insolvency is affected by the security they take,
Australia
29 May 2015
15
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
16
Liquidation no protection against Occupational Safety and Health (OSH) Act prosecution
The Court granted leave on the grounds that there was a real prospect that the company may have breached the OSH Act.
Australia
29 Dec 2014
17
Liquidators tax liability: sale of real property and CGT
A possible obligation to pay income tax in the future does not trigger a retention obligation for the liquidators.
Australia
3 Dec 2014
18
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
19
Family law and bankruptcy: Does one affect the other?
Priority complications can arise with property settlement matters if a party in a family relationship becomes bankrupt.
Australia
9 Oct 2014
20
Liquidators and their independence
The case is very important for liquidators, administrators, and anyone appointing them or challenging their appointment.
Australia
7 Aug 2014
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