Australia: Insolvency/Bankruptcy

The Queensland Court of Appeal examines whether a solicitor's equitable lien attaches to costs orders at the time they are made, determining priority rights over monies recovered through receivership proceedings. The decision clarifies the scope and enforcement of solicitors' liens in insolvency contexts.

Obtaining a court judgment is only the first step in debt recovery. When a judgment debtor fails to pay voluntarily, Queensland law provides multiple enforcement mechanisms under the Uniform Civil Procedure Rules...

Chris Bergin from Cathro & Partners speaks with Julian Heatherich, Director of Commercial Sales at Savills, about Victoria's commercial property market challenges and opportunities. With over 25 years of real estate experience, Julian examines how rising construction costs, tighter funding conditions, and reduced transaction volumes are reshaping the landscape for developers, investors, and lenders.

Much of the discussion around AI has focused on the opportunities it creates. Increased productivity, reduced costs, better customer experiences and faster decision-making are all compelling reasons for businesses to embrace the technology.

Alongside the emotional impact of a death, executors and family members are often faced with the practical task of administering the deceased’s estate.

Administrators facing onerous contracts lack the statutory power to disclaim them—a tool reserved exclusively for liquidators under section 568 of the Corporations Act. This article examines the three practical mechanisms available to administrators: repudiation to crystallise claims, Court protection under section 447A to shield personal liability, and carefully structured DOCAs that can release debts without crossing into unfair discrimination.

Voidable transactions allow liquidators to reverse pre-liquidation dealings that unfairly reduced creditor assets or improperly benefited certain parties. Under Part 5.7B of the Corporations Act 2001, liquidators can investigate unfair preferences, uncommercial transactions, and creditor-defeating dispositions—potentially years after they occurred—exposing directors, creditors, and related entities to repayment claims, examinations, and regulatory scrutiny.

A Deed of Company Arrangement (DOCA) is a sophisticated business restructuring mechanism under Australian insolvency law that can preserve enterprise value, maintain operations, and deliver better creditor outcomes than liquidation.

The Australian trucking industry faces a perfect storm of structural challenges including driver shortages, environmental obligations, and sham contracting arrangements. Recent insolvency appointments reveal disturbing patterns of inflated vehicle acquisitions, missing assets, and potential phoenix activity that are creating substantial losses for lenders and creditors across the sector.