Intelligence

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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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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