Small Business Restructuring: A New Regime
With effect from 1 January 2021 small business restructuring (SBR) was introduced by the Australian Government as ...
Insolvency
Is the presumption of advancement still good law?
The complex and long-standing equitable doctrines of a presumption of a resulting trust and the “presumption” of ...
SMALL BUSINESS INSOLVENCY REFORMS
On 10 December 2020, the Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (Cth) (the “Bill”) was ...
Third Party Preference Payments Law Clarified by Victorian Court of Appeal
In Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198 (“Mad Brothers”), the Victorian Court of Appeal has ...
Extension of Insolvency Relief
The Federal Government has announced that the temporary insolvency relief implemented in March of this year ...
A window of opportunity for restructure
As a consequence of the financial impact that COVID-19 has had on the economy, Australia has entered a recession ...
Coronavirus Economic Response Package Omnibus Act 2020 (Cth) response to the issuing of a statutory demand under the new laws
A recent decision of the Supreme Court of Queensland, Sunstate Land Pty Ltd v Hiview Design & Construction Pty ...
COVID-19 Impact on Commercial Dealings
As the effects of COVID-19 continue to manifest themselves in our economy, the legal landscape continues to change ...
COVID-19 Personal & Corporate Insolvency during Coronavirus
If you are currently experiencing financial distress contact us on (07) 5526 0157 to arrange an appointment to ...
Federal Court Clarifies Liquidator’s Powers to Deal with Assets of Trading Trusts
In Cremin, in the matter of Brimson Pty Ltd (In Liquidation) [2019] FCA 1023 (“Cremin”), the Federal Court ...
New Corporations Act Penalties Strengthening Protections for Employee Entitlements
Recent amendments to the Corporations Act 2001 (Cth) (the “Act”) seek to deter avoidance of the payment of ...
Wake up and act now if you have been served with a Creditor’s Statutory Demand
If a company that you operate a business through owes a debt of more than $2,000.00 to a creditor, that creditor ...
How does Bankruptcy and Managerial Involvement with Insolvent Companies affect Australia Visa Applications?
This article examines the effect of bankruptcy and a record of involvement with insolvent companies on Australia ...
Safe Harbour and Ipso Facto Reform
On 12 September 2017, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives ...
Can a Payment Made by an Insolvent Company to a Secured Creditor Still be an Unfair Preference Payment?
We recently provided advice to liquidators with respect to unfair preference payments made by the insolvent ...
When is a Company Insolvent?
Whether a company is insolvent can be relevant in a number of circumstances. A director of a company must ...
Declarations, Family Law and Bankruptcy – is Section 78 of the Family Law Act a hidden tool?
Under the Family Law Act (the ‘Act”), the Family Law Courts (the Family Court and Federal Circuit Court ...
Marino Law Strengthens Litigation Offering
Marino Law has strengthened its litigation offering with the appointment of Mark Steele as Senior ...
