Insolvent Trading
It is not uncommon for companies to face financial difficulties. Directors in Australia must be aware of the legal obligations to avoid consequences or penalties.
October 10, 2023
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Overview of Personal Property Securities Register
The Personal Property Securities Register (PPSR) was created pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSR is a critical tool for creditors to
October 10, 2023
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The Effects of an Instalment Order on a Creditor’s Petition and/or Winding Up Application
There is a common misconception from judgment debtors that should they obtain an order to pay by instalments, this will prevent the judgment creditor from
July 25, 2023
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The Doctrine of Exoneration – An avenue for protection in Bankruptcy
This article spotlights the rarely used but very important equitable doctrine of Exoneration. If you or your spouse have been declared Bankrupt and a Trustee
May 15, 2023
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High Court Clarification on Unfair Preference Claims
The High Court in Metal Manufactures Pty Limited v Morton [2023] HCA 1 (“Morton”) and Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA (“Badenoch”)
April 25, 2023
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The Safe Harbour Regime for Company Directors
This article looks at the often-unutilised safe harbour provisions available to company directors. If you are a director and struggling to pay your creditors debts
April 25, 2023
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Bosanac v Commissioner of Taxation & Anor [2022] HCA 34
Recently, the High Court unanimously agreed that a husband had no legal or beneficial interest in a property owned wholly by his wife, despite him
March 14, 2023
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Case Review Of Do (Trustee), in the matter of Andrew Superannuation Fund v Sijabat [2023] FCAFC 6
This is a case where Mr Tieng Dung Do, in his capacity as a former joint Trustee of the Andrew Superannuation Fund and Do Construction
March 6, 2023
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Who Is Entitled To An Inheritance During Bankruptcy?
Due to the inherent difficulty of predicting when someone may be entitled to an inheritance, there is often little consideration of the implications of receiving
January 14, 2023
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Voluntary administration Update
There have been a number of important decisions that were made during COVID-19 that have seen the Courts assist administrators by creating flexibility in the
December 30, 2022
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