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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Nov062017

Plutus Payroll Fraud: Supreme Court considers solvency of the Plutus companies

Following on from our recent news article reporting on the appointment of provisional liquidators to various companies within the Plutus...
Nov032017

AFSA: Personal Insolvency Stats (2016–17)

On 26 September 2017 the Australian Financial Security Authority (AFSA) released its annual statistics about the causes of personal insolvency...
Nov022017

Banks not ‘a-loan’: APRA to receive supervisory powers over non-ADI lenders

July 2017 saw the Treasury Laws Amendment (Non-ADI Lender Rules) Bill 2017 (Draft Bill) being released for public consultation with...
Oct202017

Bankruptcy and overseas debtors

You might think that a debtor moving overseas or relocating prevents you from serving the debtor with a bankruptcy notice....
Oct182017

Beware the costs of an appeal

The New South Wales Court of Appeal decision in Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302, confirmed the relatively low...
Oct162017

Insolvency update: setting aside a deed of company arrangement

In the decision of Britax Childcare Pty Ltd, in the matter of Infa Products Pty Ltd v Infa Products (Administrators Appointed)  [2016]...
Oct122017

Good Business Practice Guides

The Australian Competition and Consumer Commission (ACCC) together with Australian Securities and Exchange Commission and various state and territory consumer...
Oct092017

Take it to the bank: knowledge of fraud is required!

In Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971, the Supreme Court of NSW dismissed a plaintiff’s claim for...
Oct092017

Special leave to distribute surplus in a winding up

In the recent decision In the matter of I & P Holdings Pty Limited (in liquidation) [2017] NSWSC 975, Black...
Oct062017

When will the Court appoint a Provisional Liquidator?

The appointment of a provisional liquidator is a drastic imposition into the affairs of a company and will only be...
Oct052017

Getting your ducks in a row: Applications for disclosure in the Equity Division

Practice Note SC Eq 11 It has been more than five years since the introduction by the Supreme Court of New...
Oct032017

Creditor’s right to a “risk premium” for funding bankruptcy trustees

In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and the...
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