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Corrs Chambers Westgarth
Considers recent contract dispute where company was found insolvent despite its subsequent survival.
Bartier Perry
The first in a series of articles to examine how companies can benefit from the debtor in control restructuring process.
Madgwicks
This recent case is a reminder of the high threshold required to prove solvency when faced with a statutory demand.
Corrs Chambers Westgarth
This case confirms the approach for liquidators of trustee companies that have ceased to be trustees from liquidation.
KordaMentha
Border closures, recruitment and supply chain delays are expected to be the most significant pressures for businesses.
Cathro & Partners
How failure to maintain records can expose directors to personal liability if a liquidator is appointed.
Cathro & Partners
Businesses often fail because they have poor legal documents or financial systems in place.
Cathro & Partners
How does a business manage to avoid liquidation and yet survive through this unpredictable environment?
KordaMentha
While the pace of transformation throughout the pandemic is unlikely to be sustained, valuable lessons can be learned.
Bartier Perry
The peak indebtedness rule and why the Federal Court of Australia decided that it should not be applied in Australia
Corrs Chambers Westgarth
Considers SC NSW decision on whether leave should be granted for proceedings against a court-appointed liquidator personally.
Worrells Solvency & Forensic Accountants
Circumstances in which a bankruptcy trustee can set aside contributions made into superannuation before someone is made bankrupt.
Worrells Solvency & Forensic Accountants
Poor strategic management is a contributing factor to the insolvency status of a business.
Gilchrist Connell
Creditors should consider whether issuing a statutory demand is the appropriate avenue to pursue payment of a debt.
Kells
If money is owed to you by a company, you are a creditor, and available options can recover some, if not all the debt.
Blackwattle Legal
The peak indebtedness rule employed by liquidators to maximise recovery of unfair preference claims has been abolished.
Blackwattle Legal
A company's constitution could empower an inquorate board to increase the number of directors to constitute a quorum.
Corrs Chambers Westgarth
A liquidator's decision to accept a 'proof of debt' was successfully challenged due to a lack of binding evidence.
Corrs Chambers Westgarth
The examinations could still have a legitimate 'purpose', even if there was speculation about the examiner's 'motive'.
Piper Alderman
The Liquidator could rely on the unreconciled accounts to determine the insolvency of the Company.
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