Articles
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
May062014
439A Reports to Creditors and Administrators
The purpose of Part 5.3A When considering how administrators fulfils their duties it must always be remembered that the Corporations...
Apr222014
Security of Payment Act amendments commence
Significant changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA“) commenced on 21 April 2014...
Apr102014
Regretting the reluctance of owners to obtain a s.80D resolution
The importance of s.80D resolutions under the Strata Schemes Management Act in building defect claims The recent decision in The...
Apr102014
Additional liquidator powers in a court ordered winding-up
The powers that a liquidator may exercise in a winding-up are detailed in the Corporations Act 2001 (Cth) (“the Act”). ...
Mar142014
Payment may not solve the problem
An application to have a liquidator appointed to a company is usually made by a creditor who is owed money...
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...
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