When will the Court appoint a Provisiona....

Oct 6, 2017

The appointment of a provisional liquidator is a drastic imposition into the affairs of a company and will only be done in circumstances where there are no other remedies available to maintain the status quo pending a final determination of a winding up application....

Creditor’s right to a “risk....

Oct 3, 2017

In the recent case of Low v Barnet (Trustee) [2017] FCAFC 60, Ms Low, the wife of a bankrupt and the bankrupt’s only creditor, funded the the bankruptcy trustee’s pursuit of two properties.  Upon sale of the properties, Ms Low was paid the entirety of the amount...

Statutory Demands: searching for assign?

Sep 4, 2017

Creditor’s Statutory Demands have become a useful, cheap and effective way of ensuring companies which owe money pay attention to the debts they owe. While the process is quick and cheap, it can often be highly technical.  As such, what may seem to be a straight...

You can’t keep a good man down!

Sep 1, 2017

Recognisable across Sydney for his colourful sandwich boards and animated personality, serial purveyor of smiles Danny Lim was this week vindicated by Judge Andrew Scotting of the District Court of New South Wales, in an appeal from his conviction in the Local Court...

What constitutes a “supporting affidavit....

Aug 31, 2017

In the recent decision of Imagebuild Group Pty Ltd v Fokust Pty Ltd [2017] VSCA 131, the Victorian Court of Appeal determined whether a “supporting affidavit” had been filed within the 21 day time limit prescribed by s459G of the Corporations Act 2001(Cth) (the Act)....