Intelligence
Find out what we know as we learn it. The latest news, legal developments and deals relevant to you with our expert analysis
Mar272013
Approval of a liquidator’s remuneration in voluntary winding-up
Section 473(3) of the Corporations Act 2001 (Cth.) (“the Act”) provides that in a court appointed liquidation, a liquidator may...
Mar052013
Disputing the source of the debt may not be enough to set aside a statutory demand
A company that is served with a statutory demand must either pay the amount referred to in the demand or...
Feb202013
Cost risks for liquidators in statutory demand matters
The recent case of Re Gowinta Farms Pty. Limited [2012] QSC 423 highlights the importance for insolvency practitioners to ensure...
Feb052013
Protecting a Company in Receivership
As is well known, if a Company is in default of its obligations to a secured creditor the usual response...
Jan242013
Challenging a statutory demand – serve all evidence within 21 days
A company that is served with a statutory demand must either pay the amount referred to in the demand or...
Oct302012
New regime tightens tax compliance
Company directors are now personally liable for both unpaid Pay As You Go (PAYG) obligations together with unpaid Superannuation Guarantee...
Oct122012
SP61288 v Brookfield: Developer owes no duty of care to Owners Corporation for defect rectification
In Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 the Supreme Court has limited the ability of...
Oct032012
The costs of unnecessary court applications
The Federal Court has recently issued a stark warning about the need for insolvency practitioners to do their homework, thoroughly,...
Sep072012
The ATO trumps a mortgagee – or does it..?
Many of you will be familiar with the decision in Tang & Anor v. Bassili & Ors [2011] FMCA 544,...
Sep042012
Deputy Commissioner of Taxation v Zammitt
On Friday, the District Court of New South Wales handed down a decision with potential relevance to any director penalty...
Sep012012
Equititrust Limited v Willaire introduces uncertainty into when a winding-up application may be filed
A Queensland Supreme Court decision has introduced uncertainty over whether winding-up proceedings brought against a company on the basis that...
Aug292012
How to avoid a catastrophe for $7.40 – practical advice about one ramification of the PPSA
A stitch in time… A $7.40 outlay, and ten minutes filling in a online form, can save your clients ten...
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