COVID-19 Q and A: Tenancies, Financial Relief, Inability to Perform Contracts, Frustration of Contracts, Debt Deferment, Insolvency and more

Below are three (3) Questions & Answers that we have prepared in light of a recent surge in requests for advice on similar questions. The questions are: “I am worried that my commercial tenant won’t pay the rent for six (6) months, and on top of that, I may not be able to evict them. What if at the end of the six (6)...

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Date posted: 2020-04-08 | Comments(0)

Book and Records, Admissions, Proof, and Limitations

Book and Records, Admissions, Proof, and Limitations...

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Date posted: 2020-02-20 | Comments(0)

Secured Creditors and Creditor’s Petitions (Bankruptcy)

Many creditors that resort to what is often the final / last step in dealing with an individual / natural person debtor (i.e. bankruptcy), are actually secured creditors.In such cases, the creditor needs to ensure that before the creditor’s petition is filed they take steps to value the security i...

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Date posted: 2020-02-05 | Comments(0)

Pre-Bankruptcy Contributions to Property and the Remedies Available to a Trustee

Shaw as Trustee of the Bankrupt Estate of Nguyen v Vu & Anor [2019] FCCA 1451 In the recent case of Shaw as Trustee of the Bankrupt Estate of Nguyen v Vu & Anor [2019] FCCA 1451, an application was brought by Mr Shaw as Trustee o...

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Date posted: 2019-10-03 | Comments(0)

Irrevocable and Continuing Guarantees Versus the Bankruptcy Act

All debts and liabilities, present and future, certain or contingent, to which a bankrupt was subject at the date of the bankruptcy, or to which he or she may become subject before his or her discharge by reason of an obligation incurred before the date of the bankruptcy, are provable in his or her bankruptcy; ...

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Date posted: 2019-07-16 | Comments(0)

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