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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Jul012014

Insolvency Tip #4: Defence, no part in management of company!

In some circumstances a director who has been served with a DPN may have a defence. Find out more by...
Jun302014

Insolvency Tip #3: Non–receipt of DPN not a defence!

It is very important for directors and their professional advisers to be aware that the Deputy Commissioner of Taxation (DCT)...
Jun262014

Bringing US Chapter 11 to Australia

The Senate Economics Reference Committee has released a report recommending that federal parliament investigate implementing a US style “Chapter 11”...
Jun262014

Insolvency Tip #2: Directors’ liability for unpaid taxes!

Did you know that the directors of companies are personally liable for any unremitted taxes withheld by the company and...
Jun232014

Insolvency Tip #1: Directors’ liability to ATO!

It is important for directors and their professional advisers to remember that if, at any time whilst a company is...
Jun162014

Shooting of liquidators: un-Australian

Being a liquidator can be a risky business. Liquidators (and their legal advisers) have a long tradition of putting their...
May212014

Receivers of voidable security – are they personally liable?

Receivers are always placed in a difficult position when they are first appointed. That difficulty is only exacerbated when the...
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...
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