Australia: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.

Federal Court Finds Administrators Personally Liable For Costs In Delaying Second Meeting Of Creditors

Administrators should be careful to respond appropriately to the changing conditions of a company under administration.

Australia Insolvency

CC

Corrs Chambers Westgarth

What Are My Obligations To Assist A Liquidator When My Client Goes Into Liquidation?

When a company goes into liquidation, the appointed liquidator effectively steps into the shoes of the directors and assumes control of all company records.

Australia Insolvency

W

Worrells

Who Can Appoint A Voluntary Administrator

Voluntary administration is governed by Part 5.3A of the Corporations Act 2001.

Australia Insolvency

W

Worrells

Why "free" deregistration could be the most expensive choice you'll ever make

Instead of "walking away," proactively reach out to your accountant or a trusted insolvency practitioner to discuss the options to properly deal with debts and prevent the personal liability trap.

Australia Insolvency

W

Worrells

Can Liquidators Take My House?

Australia Insolvency

W

Worrells

Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

Australia Insolvency

CP

Cathro & Partners

It's all in the timing - Registering on the PPS register

Australia Commercial

BP

Bartier Perry

Boardroom blind spots and cost-of-living squeeze drive wave of business failures

Australia Insolvency

CP

Cathro & Partners

Is your business beyond rescue?

Australia Insolvency

W

Worrells

The Bankruptcy Myths That Keep People From Starting Over

Australia Insolvency

W

Worrells

The Turnaround Tightrope: Insights From The 2025 Annual Turnaround Survey

Australia Commercial

AM

Alvarez & Marsal

Court Denies Creditor's Attempt To Stop Security Interest Vesting In Liquidated Company

Australia Insolvency

CC

Corrs Chambers Westgarth

Court of Appeal clarifies criminal liability on employee entitlements

Australia Commercial

W

Worrells

What accountants, book-keepers and their staff should be looking at

Australia Accounting

W

Worrells

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Crime Rates in Sydney: Suburbs with the Highest and Lowest Rates

Australia Criminal

OC

O'Brien Criminal & Civil Solicitors

It Depends – What Is Happening With Division 296? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Employee Performance Improvement Plan: What You Need To Know

Australia Employment

CG

Coleman Greig Lawyers

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Understand the consequence of bankruptcy in Australia

Rising corporate insolvencies are expected to increase personal bankruptcies, highlighting the need to understand bankruptcy's consequences.

Australia Insolvency

W

Worrells

Cross-Company security and liquidator challenges: Full Federal Court restores certainty in CEG Direct Securities v Cooper [2025] FCAFC 47

FCC upheld that well-documented, commercially justified cross-company securities are valid & can't be undone by liquidators without clear proof of unreasonableness.

Australia Insolvency

S

Swaab

WLG Restructuring & Insolvency Resolution Group Key Takeaways: Rescue Culture In Australia–Reflections On Safe Harbour Protection

On September 17, members of WLG's Restructuring & Insolvency Resolution Group met to discuss Australia's "safe harbour" regime and how it compares with approaches in New Zealand and other jurisdictions.

Australia Insolvency

WL

World Law Group

Genuine dispute - Set aside a statutory demand

Outlines how companies can defend themselves against statutory demands by relying on the genuine dispute ground under s459H Corporations Act 2001.

Australia Insolvency

SL

Stonegate Legal

Employees entitled to priority claims from ‘true employer' following receiver sale

Australia Insolvency

CC

Corrs Chambers Westgarth

Creditors' Meetings

Australia Insolvency

CP

Cathro & Partners

Mistakes directors make that lead to insolvency and how to avoid them

Australia Insolvency

W

Worrells

What professionals need to know about superannuation and insolvency

Australia Insolvency

W

Worrells

Creditor-initiated insolvent trading claims

Australia Insolvency

W

Worrells

Opinion: thorough investigations and real consequences are essential in gambling-related bankruptcies

Australia Insolvency

W

Worrells

Court of Appeal clarifies test to be applied for a s 444GA share transfer

Australia Insolvency

CC

Corrs Chambers Westgarth

Introducing Cathro Clarity: Unlocking Australia's Insolvency Data

Australia Insolvency

CP

Cathro & Partners

Reliance on supporting creditor to satisfy presumed insolvency

Australia Insolvency

CC

Corrs Chambers Westgarth

Voidable transactions: What liquidators are looking for

Australia Insolvency

W

Worrells

Court of Appeal clarifies test to be applied for a s 444GA share transfer

Court clarified the high threshold for proving unfair prejudice to shareholders and the evidentiary requirements in administrator-led valuations.

Australia Insolvency

CC

Corrs Chambers Westgarth

Introducing Cathro Clarity: Unlocking Australia's Insolvency Data

Construction, accommodation/food services, and retail remain at the forefront of insolvency risk.

Australia Insolvency

CP

Cathro & Partners

Reliance on supporting creditor to satisfy presumed insolvency

The Supreme Court held a creditor can use another creditor's unmet statutory demand to prove insolvency in winding-up proceedings.

Australia Insolvency

CC

Corrs Chambers Westgarth

Voidable transactions: What liquidators are looking for

Liquidators can recover unfair pre-liquidation payments to ensure fair treatment of all creditors.

Australia Insolvency

W

Worrells

Part X Agreements: The SBR for individuals

Australia Insolvency

W

Worrells

Navigating voluntary administration: Key considerations for landlords of insolvent tenants

When a retail tenant enters VA, landlords' rights are restricted & tenant obligations are subject to complex rules under the Corporations Act.

Australia Insolvency

HR

Holding Redlich

Federal Court terminates wind up of company in liquidation

Liquidation does not necessarily mark the end of a company's life.

Australia Insolvency

CC

Corrs Chambers Westgarth

Your Guide to Australian Bankruptcy in 2025

Bankruptcy is a legal process that helps you regain financial control by releasing you from most of your debts.

Australia Insolvency

BF

BRI Ferrier

Insolvency Insights: Related Party Loans And Unreasonable Director-related Transactions

For insolvency practitioners it also provides insight into how the assignment of claims might effectively be used to mitigate litigation risks.

Australia Insolvency

CG

Cooper Grace Ward

Ransomware And Data Extortion Attacks In Insolvency Scenarios

Australia Insolvency

FC

FTI Consulting

Liquidators' right to refuse a direction by creditors confirmed

Australia Insolvency

CC

Corrs Chambers Westgarth

Partnership Disputes and Court-appointed Receivers

Australia Insolvency

W

Worrells

Pooling orders possible in group liquidation, but under what provision?

Australia Insolvency

CC

Corrs Chambers Westgarth

EOFY Insights: Looking Back at 2024–25 and Planning Ahead for 2025–26

Australia Insolvency

W

Worrells

Staying a winding up to allow for a restructure

Australia Insolvency

CC

Corrs Chambers Westgarth

Subrogation of Debts and Australian Insolvency Law: A Technical Summary

Australia Insolvency

W

Worrells

Understanding Creditors Voluntary Liquidation process

Australia Insolvency

W

Worrells

Jet Midwest and Rex Airlines land in court to clarify proprietary rights during administration

Australia Insolvency

CC

Corrs Chambers Westgarth

Education Law Notes – Term 2, 2025

Australia Healthcare

CO

Carroll & O'Dea

Providing urgent funding to a company in external administration: do you lose your seat at the COI table?

Australia Insolvency

CC

Corrs Chambers Westgarth

Corporate Insolvency Reform – The impact of the 2025 Federal election

Australia Insolvency

HW

Holman Webb Lawyers

When the ATO comes knocking: How Insolvency turned into opportunity

Australia Insolvency

W

Worrells

Understanding asset values in liquidation: A closer look at the process

Australia Insolvency

W

Worrells

Gift certificates: Why they are great and when they are risky

Australia Insolvency

W

Worrells

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Latest Videos

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Insights Into Unique Court Decisions, With Pavlos Stavropoulos, Senior Disputes And Insolvency Solicitor At Addisons

CP

Cathro & Partners

Guide to Liquidation

MG

Mackay Goodwin

[Video] Insights into the corporate finance market

CP

Cathro & Partners

Insights into the Australian credit industry

CP

Cathro & Partners

Episode 1: Called to Account - Insolvency through the lens of an unfolding crisis

BF

BRI Ferrier

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