Shorter Bankruptcies to Save the Economy? ARITA concedes that the Government’s proposed Insolvency Reform could leave the system open to rorting

Welcome to the Ideas Boom reads the tagline for the Commonwealth Government’s National Innovation & Science Agenda’s webpage. Under the heading Insolvency Law Reform the reasons behind the proposed changes to our personal and corporate insolvency legislation are explained (our emphasis): More often than not, ent...

Read more

Date posted: 2016-04-07 | Comments(0)


The effect of section 560 of the Corporations Act 2001 (Cth); obtaining priority as a creditor

When can a person (possibly a director or shareholder) of a company in liquidation obtain priority status as a creditor for loans to the company? Section 560 of the Corporations Act 2001 (Cth) (the "Act") provides that a person who advances funds to a debtor company, for the purpose of enabling that company to pay wages,...

Read more

Date posted: 2016-03-15 | Comments(0)


A New Resolution at the First meeting of Creditors under Administration

Hancock, in the matter of Tarleton & Peters Pty Limited (Administrator Appointed) [2015] FCA 1058 (24 September 2015) and Hancock, in the matter of Tarleton & Peters Pty Limited (Administrator Appointed) (No 2) [2015] FCA 1232 ("Tarleton") We have observed that many Administrators only call for ...

Read more

Date posted: 2016-03-15 | Comments(0)


Seminar at the Grace Hotel 2 November 2015

On 2 November 2015, our Managing Director and Geoffrey McDonald Barrister presented a seminar at the Grace Hotel to which much positive feedback was received. The topics discussed included: Business law - Purchase and Sale of Business The legal pitfalls of purchasing a business The...

Read more

Date posted: 2015-11-23 | Comments(0)


Repayment Arrangements - Smith vs Bone

When payment arrangements with the Australian Taxation Office will not "defer" corporate debt and restore a company to solvency - Smith v Boné [2015] FCA 319 In this recent "insolvent trading" case the director of Petrolink Pty Ltd ("Petrolink") defended the Liquidator's claim by pointing to the GFC and the payment arrangements he had neg...

Read more

Date posted: 2015-09-07 | Comments(0)


[First] [Prev] 1 | 2 | 3 | 4 [Next] [Last]