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.

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

Recent decision reaffirmed key characteristics of an employment relationship that will be taken into account to determine whether an employer is a 'true employer'.

Australia Insolvency

CC

Corrs Chambers Westgarth

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

Creditors' Meetings

Understanding the intricacies of creditors'meetings and voting rights is essential for stakeholders involved in the insolvency process.

Australia Insolvency

CP

Cathro & Partners

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

Outlines the foundational knowledge every director should have before starting a business, with practical insights drawn from real-world insolvency cases.

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

Part X Agreements: The SBR for individuals

Australia Insolvency

W

Worrells

Stepping down to stay compliant

Australia Commercial

W

Worrells

How to use a statutory demand to wind up a company

Australia Insolvency

SL

Stonegate Legal

Skilled Visa Salary Thresholds To Increase To 4.6% From 1 July 2025

Australia Immigration

IL

Interstaff Immigration Agency

Australian Productivity Commission Proposes Text & Data Mining Exception To Copyright Infringement For AI Training

KL

Herbert Smith Freehills Kramer LLP

Demystifying Australia's National Anti-Corruption Commission (Video)

Australia Criminal

AM

Alvarez & Marsal

Inside IR Podcast Series - Episode 29 Gender-based Undervaluation And Its Impact On Modern Award Rates Of Pay (Video)

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

Michael Byrnes appeared on Breakfast with Tim Webster on 2SM on 23 July 2025 to discuss workplace relationships and that Coldplay concert

Australia Employment

S

Swaab

Cryptocurrency in bankruptcy: Identification and realisation by trustees

Cryptocurrency is treated as property in bankruptcy, but its decentralisation makes asset recovery challenging for trustees.

Australia Insolvency

W

Worrells

Navigating Governance During Financial Distress

Financial distress for a company always places additional emphasis on governance—and on the duties of the directors of the company. The Australian legal system has a clear system of duties...

Australia Commercial

AO

A&O Shearman

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

Australia Insolvency

BF

BRI Ferrier

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

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

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

Over the past 12 months, we've seen a clear shift in the insolvency and restructuring landscape—one that you need to keep front of mind heading into 2025–26.

Australia Insolvency

W

Worrells

Staying a winding up to allow for a restructure

A stay of the winding up to allow creditors to vote on a DOCA may be appropriate to facilitate a restructuring transaction and the end of the external administration.

Australia Insolvency

CC

Corrs Chambers Westgarth

Subrogation of Debts and Australian Insolvency Law: A Technical Summary

This article outlines the doctrine of subrogation, statutory recognition of the right of subrogation, a recent WA Supreme Court case, and considers the contrasts with the assignment of debt and/or securities.

Australia Insolvency

W

Worrells

Understanding Creditors Voluntary Liquidation process

CVL is a process where a company's directors and shareholders voluntarily wind up the company because it is unable to pay its debts (i.e., the company is insolvent).

Australia Insolvency

W

Worrells

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

Australia Insolvency

CC

Corrs Chambers Westgarth

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

Know your rights is the issuer of a gift certificate becomes insolvent.

Australia Insolvency

W

Worrells

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

Demystifies the process & explains factors that impact the realisable value of assets in liquidation scenarios.

Australia Insolvency

W

Worrells

If These Aren't In Your Brokerage's Liquidity Agreement, Something's Wrong

Guide to asset segregation and collateral management to rehypothecation and termination clauses.

Australia Insolvency

TRAction

Dispelling the myth of bankruptcy: insights from an experienced insolvency lawyer

Links to podcasts discussing bankruptcy, dispelling the myths, role of creditors etc.

Australia Insolvency

P

PCL Lawyers

Federal Court grants one-year ‘shelf order' to allow another company's liquidator to investigate

Australia Insolvency

CC

Corrs Chambers Westgarth

Small Business Restructure, a Voluntary Administration for small business? Same, same but different.

Australia Insolvency

W

Worrells

Examinations by the Official Receiver - A more cost effective option

Australia Insolvency

W

Worrells

HECS - HELP Debt in Bankruptcy: What You Need to Know

Australia Insolvency

W

Worrells

Supreme Court appoints special purpose liquidator to replace incumbent liquidator

Australia Insolvency

HR

Holding Redlich

New Jersey Bankruptcy Court Ruling Highlights The Utility Of Chapter 15 In Enforcing Foreign Bankruptcy Court Orders In The United States As A Matter Of Comity

Worldwide Insolvency

JD

Jones Day

Courts won't avoid provisional appointments where a company is solvent

Australia Insolvency

CC

Corrs Chambers Westgarth

Personal insolvencies are on the rise

Australia Insolvency

W

Worrells

Defective securities in a trade-on voluntary administration

Australia Insolvency

W

Worrells

Administrators must exercise diligence before accepting an appointment under section 436C of Corporations Act

Australia Insolvency

CC

Corrs Chambers Westgarth

Understanding section 588FP of the Australian Corporations Act 2001: Security interests in favour of company officers

Australia Insolvency

CP

Cathro & Partners

Insights into invalid insolvency appointments and appointees remuneration

Australia Insolvency

CP

Cathro & Partners

My client's Director Penalty Notice is expiring today, what can they do?

Australia Insolvency

W

Worrells

A guide to priority payments in a liquidation

Australia Insolvency

W

Worrells

Discussion paper released on corporate misuse of the Fair Entitlements Guarantee

Australia Insolvency

CC

Corrs Chambers Westgarth

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Latest Videos

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Insights into creditor activism with Anna Taylor, Principal at Results Legal

CP

Cathro & Partners

Guide to Liquidation

MG

Mackay Goodwin

Voluntary Administration

CP

Cathro & Partners

Insights into the Collections Team of the Australian Taxation Office

CP

Cathro & Partners

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

BF

BRI Ferrier

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