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Searching Content indexed under Insolvency/Bankruptcy by Madgwicks ordered by Published Date Descending.
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Liquidator ordered to pay costs of appeal personally without recourse from the company in liquidation
The liquidators sought the guidance of the Court and then appealed it; therefore, took the appeal at their own risk.
Australia
27 May 2019
2
A minor typo with major consequences for a statutory demand
Using an incorrectly spelt address when attempting to deliver a statutory demand proved to be a very expensive lesson.
Australia
13 Mar 2019
3
What to do when your customer becomes insolvent
Strategies for minimising your exposure to risk when one of your customes becomes insolvent.
Australia
17 Oct 2018
4
Five things a company needs to know about statutory demands
If a statutory demand is ignored, the company is deemed to have committed an act of insolvency and may be wound up.
Australia
5 Oct 2018
5
Know your unfair preference defences. Do not pay!
Discussion of the defences that are available for voidable unfair preference payments under the Corporations Act 2001.
Australia
14 Aug 2018
6
New ipso facto regime – Reforming the automatic termination of contracts on insolvency
These new provisions will only apply to contracts entered into from 1 July 2018, and will not apply retrospectively.
Australia
15 Jun 2018
7
Mossgreen given red light by court for charging owners to collect their goods
The Administrators were not entitled to charge the owners of goods to retrieve their unsold items from the auction house.
Australia
19 Apr 2018
8
My Statutory Demand is defective – what now?
Failing to correctly issue a Statutory Demand can prove an expensive and counter-productive result for the issuing party.
Australia
9 Mar 2018
9
Issuing a statutory demand 101 – Tips and Tricks
If you're about to issue a Statutory Demand, failure to fulfil the requirements can mean serious trouble for its success.
Australia
7 Mar 2018
10
A nightmare for liquidators: When could they be personally ordered to pay an adverse cost order?
Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
Australia
26 Jul 2017
11
Liquidators – be aware of the new provisions in the Corporations Act when entering into deals with members of the committee of inspection
This article discusses how section 551 applies under the changes to the Corporations Act 2001 after 1 September 2017.
Australia
21 Jul 2017
12
The tables are turned: Shareholders examining liquidators – an attempt by a liquidator to prevent being publicly examined
Liquidators are not exempt from the public's eye and this case has emphasised the broad nature of public examinations.
Australia
 
19 Jun 2017
13
Time on the side of liquidators: Unfair preferences have become fair for preference payments
At times, additional transactions may be added to an existing unfair preference claim after the expiry of the time limit.
Australia
9 Jun 2017
14
Bankruptcy law update: The loan agreement created a trust so avoided the preference provisions – a setback for trustees
A trust was implied into a loan agreement, so that the loan moneys were not considered part of the bankrupt estate.
Australia
1 Jun 2017
15
Madgwicks' case rewrites the law on protected money in bankruptcy law
This Federal Court case brings clarity to the treatment of protected money payments under Australia's bankruptcy laws.
Australia
1 Jun 2016
16
Madgwicks' case rewrites the law on protected money in bankruptcy law
A recent Federal Court case brings clarity to the treatment of protected money payments under Australia's bankruptcy laws.
Australia
29 May 2016
17
ASIC defeated and ordered to pay costs
This recent ASIC case has raised some interesting issues in respect of disclosure and the acceptance of referrals.
Australia
24 May 2014
18
Why the long face? Did the liquidator seize your horse?
If a member of a racing syndicate becomes bankrupt, their share goes to a trustee in bankruptcy, who may sell the asset.
Australia
 
5 Nov 2012
19
Does Your Business Have An Effective Retention Of Title Arrangement To The Goods It Supplies?
Are you confident that you will be able to retake possession of your goods if a customer has a liquidator, receiver or administrator appointed to it?
Australia
29 Jan 2009
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