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 …
Insolvency Law Reform: Safe Harbour Provisions
6 months on from the introduction of insolvency law reform, it is time to check in with the provisions and to ensure that directors remain …
Can the Bankruptcy Courts rely on a judgment debt? Not anymore…
On 17 August 2017, the High Court of Australia handed down its reasons in the matter of Ramsay Health Care Australia Pty Ltd v Compton …
When does the clock start ticking?
The doctrine of service & defining the ‘ordinary course of post’[1] The doctrine of service is essentially the timing clock to which the legal process …
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