Temporary debt relief measures ended on 1 January 2021 In March 2020, as part of the wider economic response to the COVID-19 pandemic the Australian …
Insolvency Landscape 2021 (and beyond?)
In the wake of COVID-19, as part of its economic recovery plan to keep businesses afloat, the federal government is making changes to the insolvency …
Calderbank Offers & UCPR Offers
Settlement offers are common at all stages of a dispute. “Without prejudice” offers are often made when proceedings are anticipated (but not yet commenced), and …
I’m a director and shareholder; the company is solvent; what is and should I be considering a Member’s Voluntary Liquidation?
Whilst insolvent companies are the subject of the majority of winding ups, solvent companies can also be wound up on the initiation of its directors …
Is Your Notice Assignment of Debt Valid?
A creditor (assignor) can transfer their rights to receive and seek payment of a debt to a third party (assignee). Once the transfer of their …
I cannot meet my contractual obligations as a result of Covid-19, what now?
We have received many enquiries from both individuals and businesses who are concerned about the inevitable breaches of contractual obligations stemming from the outbreak of …
Conflict Transactions under the Powers of Attorney Act 2014 (Vic)
The Powers of Attorney Act 2014 (Vic) (the Act) provides strict rules that attorneys under an enduring power of attorney (POA) are subject to. Conflict …
Review of sequestration orders dismissed – rejection of bankrupt’s explanation of decision not to defend underlying claim
The Federal Circuit Court has recently dismissed a bankrupt’s application for review of sequestration orders. See the recent case of Commonwealth Bank of Australia Ltd …
Summary Judgment Applications in Queensland
Have you been served with a Summary Judgment Application? Following the filing of a Notice of Intention to Defend and Defence by a Defendant, a …
Insolvency Law Reform Part Two: ipso facto provisions
In Part One of this article (Insolvency Law Reform Safe Harbour Provisions), we reviewed the amendments to the Corporations Act 2001 (Cth) introducing a safe …
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