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Australia
Rostron Carlyle Rojas
Liquidation should be a last resort to financial difficulties, so consider these steps first.
Worrells
The Small Business Restructuring (SBR) program was introduced to assist businesses facing financial difficulties.
Worrells
Issuing a DPN is one way the ATO seeks to compel a director to comply with tax and superannuation obligations.
Coleman Greig Lawyers
Phoenixing is liquidating a company to avoid debts and then resurrecting the business via a separate entity.
Worrells
Directors need to understand the personal ramifications if their company does not pay the DPN liability.
Worrells
Considerations from two SBR plans accepted by the ATO, as the sole or major creditor.
Bennett & Philp Lawyers
These decisions were all ex tempore but they provide useful guidance on the court process of company liquidation.
Holman Webb
Section 440J of the Corporations Act does not prohibit the lodgement of a caveat during administration.
KordaMentha
Link to article discussing innovative solvent restructure of business that prevented them going insolvent.
Cathro & Partners
Bankruptcy is often seen as a significant step to address insolvency, but it is not the only option available.
Corrs Chambers Westgarth
Factors to be considered in appointing a liquidator where an alternative proposed liquidator is nominated.
ClarkeKann Lawyers
The decision in Cooper affirms that interest should be allowed from the date of the liquidator's demand.
ClarkeKann Lawyers
Voidable transactions undermine the equitable distribution of assets in the administration of an insolvent company.
Cathro & Partners
Link to video that aims to shed light on the intricacies of insolvency law & the roles of those who navigate this field.
FTI Consulting
Restructuring & Insolvency Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries
Cathro & Partners
Those facing personal financial difficulties should consider the most appropriate way to deal with potential bankruptcy.
BRI Ferrier
MVL can be a structured and cost-effective pathway to dissolve a solvent company, maximising returns to its shareholders.
Matthews Folbigg Lawyers
Recent cases warn that it is petitioning creditors, not the former bankrupts, who may generally expect to have to pay costs.
Worrells
While more expensive than voluntary registration, a MVL is a relatively inexpensive process that minimises risk.
Worrells
Directors should proceed cautiously when negotiating a payment plan after a non-lockdown DPN has been issued.
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