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Australia
Bennett & Philp Lawyers
When a company is unreasonably deadlocked by shareholder disputes, the shareholder may apply to have it wound up.
Corrs Chambers Westgarth
Complex and multinational schemes are likely to mean that liquidators require extra time to commence proceedings.
Vincent Young
Section 420A of the Corporations Act 2001 (Cth) (Act) obliges a receiver exercising a power of sale to take all reasonable care to sell the property for market value or the best price reasonably obtainable.
Vincent Young
Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount?
Corrs Chambers Westgarth
When can a mortgagee claim a right to retain reasonable security for costs of anticipated litigation with a mortgagor?
Rostron Carlyle Rojas
Liquidation should be a last resort to financial difficulties, so consider these steps first.
ClarkeKann Lawyers
As a last resort to break a dispute impasse, a Court may wind up the company on just and equitable grounds.
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
Shareholders have several options available to resolve disputes, address their concerns and protect their interests.
Worrells
Directors need to understand the personal ramifications if their company does not pay the DPN liability.
Bennett & Philp Lawyers
These decisions were all ex tempore but they provide useful guidance on the court process of company liquidation.
PCL Lawyers
Know your legal rights & be able to properly assert your position when a builder becomes insolvent.
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.
Mondaq Webinars
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