Mondaq Australia: Insolvency/Bankruptcy/Re-structuring
Jones Day
The Situation: Should liquidators be removed under section 90-15 of the Insolvency Practice Schedule (Corporations) in circumstances where they engaged in preappointment...
Worrells Solvency & Forensic Accountants
Powers available to the bankruptcy trustee ensure that recoveries for the bankrupt estate's creditors are maximised.
Corrs Chambers Westgarth
Complex situations, where matters are adversarial, warrant judicial advice, but not for deciding the specific dispute.
Holman Webb
Article provides a synopsis of the principles and details of the proposals contained in the Illegal Phoenixing Bill.
Corrs Chambers Westgarth
Recent case considered whether funds held in bank accounts of failed ponzi scheme be returned to investors or paid to creditors.
Corrs Chambers Westgarth
This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
KordaMentha
The TMA Australia Survey provides insights into causes, challenges and successes of Australian corporate turnarounds.
Kott Gunning
Anti-phoenixing legislation was reintroduced into Federal Parliament, after lapsing earlier in 2019 due to the election.
Corrs Chambers Westgarth
Recent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.
Worrells Solvency & Forensic Accountants
The general rule in bankruptcy is that a person's property, including the family home, vests in the bankruptcy trustee.
Corrs Chambers Westgarth
This TGIF considers a refusal by the Federal Court to declare void or terminate a DOCA on certain grounds.
Corrs Chambers Westgarth
This week's TGIF considers when a special purpose liquidator might be appointed to investigate 'not viable' claims.
Corrs Chambers Westgarth
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Bartier Perry
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.
Corrs Chambers Westgarth
Article considers recent case that confirms liquidators should approach the Court before taking steps to realise trust assets.
Worrells Solvency & Forensic Accountants
Often, the company director of a SME can be personally liable for a significant proportion of the company's liabilities.
Worrells Solvency & Forensic Accountants
The article raises awareness about legal and government initiatives to tighten the net around illegal phoenix activity.
Worrells Solvency & Forensic Accountants
The safe harbour laws provide company directors with an opportunity to explore restructuring opportunities.
Pointon Partners
Investors in a failed group of companies have recovered their lost money directly from the group's former directors.
Corrs Chambers Westgarth
Whilst it remains a high bar to remove them, liquidators must always be vigilant to ensure their independence is preserved.
Most Popular Recent Articles
Corrs Chambers Westgarth
This case is an example of courts considering and largely accepting cross-jurisdictional cooperation in insolvency matters.
Corrs Chambers Westgarth
Complex situations, where matters are adversarial, warrant judicial advice, but not for deciding the specific dispute.
Holman Webb
Article provides a synopsis of the principles and details of the proposals contained in the Illegal Phoenixing Bill.
Worrells Solvency & Forensic Accountants
A sale contract should specifically state that the buyer assumes no responsibility for legal claims of previous employees.
KordaMentha
The TMA Australia Survey provides insights into causes, challenges and successes of Australian corporate turnarounds.
Corrs Chambers Westgarth
Recent case considered whether funds held in bank accounts of failed ponzi scheme be returned to investors or paid to creditors.
Jones Day
A liquidator can reject a "double proof" for what is, in substance, the same debt as another accepted proof of debt.
Corrs Chambers Westgarth
In the current global and domestic markets, few things are clear other than that volatility and change are ever-present.
Bryks Lawyers
Article discusses the prohibition on insolvent trading and the new safe harbour defence provisions.
Worrells Solvency & Forensic Accountants
Powers available to the bankruptcy trustee ensure that recoveries for the bankrupt estate's creditors are maximised.
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