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Insolvency

When will a liquidator face personal liability for costs?

In certain circumstances, liquidators may be at risk of personal exposure to costs orders in litigation. The court’s approach to the making of costs orders against liquidators depends on (amongst other things) whether the liquidator is a named party...

Published by Andrew Lacey
4 December, 2017
Insolvency

Major Overhaul in Bankruptcy Legislation

On 19 October 2017, the Bankruptcy Amendment (Enterprise Incentives) Bill 2017 was introduced into Parliament by the Commonwealth Government in order to reduce the default period of bankruptcy from three years down to just one year. The stat...

Published by Andrew Lacey
4 December, 2017
Insolvency

Can the courts of the USA police Australian companies? International reach exceeds jurisdictional grasp

As international trade becomes more common, so do international legal disputes. Where proceedings are commenced against you or your company in a foreign court, but you do not have a physical presence in that country, an important question arises – ca...

Published by Chiara Rawlins
16 October, 2017
Insolvency

Can an unsent text message amount to a will?

The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became e...

Published by Chiara Rawlins
13 October, 2017
Insolvency

ACCC takes action to throw out rubbish small business contract terms

Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this mont...

Published by Andrew Lacey
11 October, 2017
Insolvency

Be intellectual about your property: key IP management tips for start-ups and growing businesses

It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their ...

Published by Andrew Lacey
11 October, 2017
Insolvency

Application of Transitional Provisions to ‘Ongoing external administrations’

We are now past the second tranche of changes under the Insolvency Law Reform Act 2016 (Cth), comprised most importantly of Part 3 of the Insolvency Practice Schedule (IPS) (containing the General Rules relating to external ...

Published by Andrew Lacey
26 September, 2017
Insolvency

Getting a handle on the new funds handling provisions under the ILRA 2016

Division 65 and the New Strict Liability Regime With the first tranche of changes under the Insolvency Law Reform Act 2016 (Cth) (ILRA) now some 6 months behind us you could forgive the industry for...

Published by Andrew Lacey
25 September, 2017
Insolvency

Safe Harbour and Ipso Facto reforms pass into law

On 18 September 2017 the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (the Safe Harbour and Ipso Facto Act) became law. The Safe Harbour reforms introduced in the Safe Harbour and Ipso Fact...

Published by Andrew Lacey
25 September, 2017
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