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News
Taxpayer guillotined – ATO still not hap....
Yesterday the Federal Court made unprecedented use of an obscure provision of the Corporations Act...
Making up for lost time: Correcting an i....
The Personal Properties and Securities Act (“PPSA”) and Personal Property and Securities Register...
Deputy Commissioner of Taxation v Impres....
The Federal Court has recently continued the courts’ emerging practice of appointing incumbent...
Construction Insolvency, Subcontractors....
“The collapse of a big contractor has a ripple effect, often ruining scores of subcontractors and...
Government response to Collins inquiry i....
The construction industry has experienced a large number of insolvencies in the past few years. ...
It’s easier to ask for forgiveness....
I’ve always wanted a motorbike, but my wife won’t let me have one. I once asked a Harley-owning...
A liquidator’s conscience
It is not every day that a decision about how to distribute funds in a winding up turns on...
Creditor owed money? Reject the proof!
It is very common for commercial documents to contain provisions which limit the right of...
When lawyers pay the price: Barnden v Ta....
Unfortunately, insolvency practitioners are often put to the cost of defending ill-conceived...
Keeping it out of the family: Related Pa....
From time to time we see section 439A reports with proposals for the company to enter into a deed...
A wasted appeal: Environmental Protectio....
The Environmental Protection Authority’s recent challenge to a liquidator’s decision to reject a...
Legal Costs in Insolvency Matters
Commencing proceedings in Court is an expensive process. The costs of that process can be a very...
Don’t waive your privilege goodbye – ref....
The right to claim privilege over documents and communications is an important right which...
O’Brien v Bank of Western Australia Ltd:....
The New South Wales Court of Appeal recently handed down an important decision regarding the scope...
The mother of all proceedings
“If a liquidator of a company wishes to bring a single proceeding to recover unfair preferences...
Realising returns for receivers: the MSI....
When a secured creditor appoints an insolvency practitioner as the receiver of a company that has...
New traps for tax agents
This update concerns a significant new risk for tax agents, which is fortunately able to be...
Approval of a liquidator’s remuneration....
Section 473(3) of the Corporations Act 2001 (Cth.) (“the Act”) provides that in a court appointed...
Disputing the source of the debt may not....
A company that is served with a statutory demand must either pay the amount referred to in the...
Cost risks for liquidators in statutory....
The recent case of Re Gowinta Farms Pty. Limited [2012] QSC 423 highlights the importance for...
Protecting a Company in Receivership
As is well known, if a Company is in default of its obligations to a secured creditor the usual...
Challenging a statutory demand – serve a....
A company that is served with a statutory demand must either pay the amount referred to in the...
New regime tightens tax compliance
Company directors are now personally liable for both unpaid Pay As You Go (PAYG) obligations...
SP61288 v Brookfield: Developer owes no....
In Owners Corporation Strata Plan 61288 v Brookfield Multiplex [2012] NSWSC 1219 the Supreme Court...