Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Dec072015
Surviving the silly season. The quirks of appointing an administrator close to Christmas
Following their appointment, a voluntary administrator has a limited time within which to prepare their report to creditors pursuant to...
Dec072015
One-year bankruptcies among new insolvency reforms
The Federal Government has today announced a package of insolvency law reforms which will include: a default bankruptcy duration of one...
Nov252015
AFSA Video: Referring Offences
The Australian Financial Services Authority has released a video podcast to help insolvency practitioners meet their obligations to refer possible...
Nov242015
Setting aside a winding up order
It is commonly presumed that an order to wind up a company is an order set in stone and that...
Nov232015
Is it defamatory to call a lawyer “Dennis Denuto”?
in Smith v Lucht, the Queensland District Court has decided that comparing a lawyer to “Dennis Denuto” of The Castle...
Nov232015
When can a non-director appoint an administrator?
Insolvency practitioners are well aware of the power of directors to appoint an administrator to a company. However, the question...
Nov172015
New verification of identity requirements for lenders
From 9 November 2015 lenders will need to meet a higher identification standard in relation to mortgagors prior to granting...
Nov172015
The pitfalls of litigation funding and security for costs
ERA Legal has successfully obtained an order for security for costs against a company in liquidation in circumstances where the...
Nov162015
When can the Court “go behind” a judgment in bankruptcy proceedings?
In the recent decision of Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207, the Federal Court of Australia...
Nov092015
Don’t lose interest! Always remember to register on the PPSR!
The Personal Property Securities Act 2009 (Cth) (PPSA) provides strict time limits for the registration of a security interest on...
Nov042015
Court rejects complaints about reasonable restraints
The recent decision of the full court of the Supreme Court of South Australian in Richmond v Moore Stephens Adelaide...
Nov022015
The SEPA effect: How not to serve an application to set aside a statutory demand
When a company receives a Creditor’s Statutory Demand for Payment of Debt (Statutory Demand) which is perhaps defective or the...
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