Articles

Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis

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Sep092015

Consider the alternatives to bankruptcy – personal insolvency declines

Personal insolvency statistics released by the Australian Financial Security Authority indicate that the number of bankruptcies and other formal personal insolvency arrangements are...
Sep082015

Better safe than sorry – seek advice when in financial difficulty

The recent decision of the Federal Court of Australia in Smith v Boné, in the matter of ACN 002 864 002...
Sep072015

Binding Non-Parties to Court Orders

What is a liquidator to do in circumstances where a company in liquidation is ostensibly bound by a court order...
Sep042015

The retrospective corrective

The Federal Court was recently faced with an application for leave for a company to be wound up voluntarily in...
Sep042015

Five things to consider before signing a contract

In both the business and personal world, contracts govern the relationship between parties to a transactions.  When considering entering into...
Sep022015

Just plain old ordinary language

Recently in Wong v McDonald [2015] FCCA 2120 the Federal Circuit Court of Australia affirmed that although guarantees are instruments to be...
Aug312015

Insolvency Practitioner Compliance Program Released

The Australian Financial Security Authority (AFSA) has now released its 2015-16 Insolvency Practitioner Compliance Program. Whilst the program is not...
Aug282015

Prejudice and disclaimers

In the decision of Steinhardt v Trenfield & Park as liquidators of Wealth Base South Coolum Pty Ltd (in liq)...
Aug282015

ASIC proposes liquidators fund their own regulation

The Assistant Treasurer has released a Consultation Paper today which proposes a “user pays” model for ASIC, including provision for liquidators...
Aug262015

When a technical defect is not defective enough

In In the matter of Leasing Holdings Pty Limited (formerly Charlie Lovett Pty Limited), a landlord served a Creditor’s Statutory Demand...
Aug242015

The court’s discretion in appointing a special purpose liquidator

The Supreme Court of New South Wales has recently clarified the circumstances in which it will be appropriate for the...
Aug212015

Clash of the Codes resolved off the pitch

The dispute between Brisbane Roar Soccer Club and Queensland Rugby has reportedly been resolved outside the Court room. As reported...
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