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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Feb062014

Federal Court finds credit card late fees a penalty

The Federal Court has handed down a judgment in the matter of Paciocco v Australia and New Zealand Banking Group...
Jan212014

Out of my way! An easier path to set aside a Statutory Demand?

A creditor who wishes to issue a statutory demand should beware! The case of Britten-Norman Pty Ltd v Analysis &...
Dec172013

Taxpayer guillotined – ATO still not happy

Yesterday the Federal Court made unprecedented use of an obscure provision of the Corporations Act to give a distressed company...
Nov222013

Making up for lost time: Correcting an inadvertent failure to register a PPSR security interest in an insolvency context

The Personal Properties and Securities Act (“PPSA”) and Personal Property and Securities Register (“PPSR”) have been in operation for some...
Nov112013

Deputy Commissioner of Taxation v Impress Enterprises Pty Limited

The Federal Court has recently continued the courts’ emerging practice of appointing incumbent administrators as liquidators when there is no...
Nov012013

Construction Insolvency, Subcontractors and Reform

“The collapse of a big contractor has a ripple effect, often ruining scores of subcontractors and suppliers. They are last...
Nov012013

Government response to Collins inquiry into construction industry insolvencies

The construction industry has experienced a large number of insolvencies in the past few years.  Following on from the Collins...
Oct152013

It’s easier to ask for forgiveness than permission

I’ve always wanted a motorbike, but my wife won’t let me have one. I once asked a Harley-owning friend of...
Sep242013

A liquidator’s conscience

It is not every day that a decision about how to distribute funds in a winding up turns on the conscience...
Sep062013

Creditor owed money? Reject the proof!

It is very common for commercial documents to contain provisions which limit the right of creditors to lodge proofs of...
Aug202013

When lawyers pay the price: Barnden v Tadrosse

Unfortunately, insolvency practitioners are often put to the cost of defending ill-conceived litigation commenced by a bankrupt or some other...
Aug072013

Keeping it out of the family: Related Party v Related Entity

From time to time we see section 439A reports with proposals for the company to enter into a deed of...
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