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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
Prior to declaring bankruptcy, an individual may transfer funds to a regulated superannuation fund to avoid those monies being caught by the hands of a creditor. However, there is potential for those transactions to be considered void pursuant to the...
Section 556 of the Corporations Act 2001 (Cth) legislates the priority of certain payments in the winding up of a company. Section 561 of the Act provides that employee entitlement claims in a winding up have priority over circulating security inter...
In the recent decision of Sino Group International Ltd v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110, the Court concluded that an administrators' report issued to creditors was misleading in nature and terminated the deed of company arrangement (...
Like the immortal phoenix rising from the ashes, a new company, often just established, might arise from the winding-up of a failing company. When that new company's officers and directors are essentially the same of the failing company, and the new ...
Section 596A of the Corporations Act (Act) provides for the summoning of a person (officers and former officers) for examination about a company's affairs when the company is, in summary terms, under administration, being restructured or wound up.
A Statutory Demand is a tool under the Corporations Act 2001 (Cth) (the "Corporations Act") that requires a debtor company to pay a debt within 21 days.
The recent decision in Metal Manufactures Pty Limited v Morton [2023] HCA 1 has confirmed that set-off cannot be used as a defence to a liquidator’s unfair preference claim under s. 553C of the Corporations Act 2001 (Cth) (the "Corp...
It is well established that the liquidator of a company may apply to the courts to set aside and recover payments made to creditors of that company to increase the estate's general pool of assets available to all creditors under S. 588FE of the C...
In June 2016, Google LLC (Google) introduced a notification system where consumers were instructed that Google had added some "optional features". If consumers clicked "I agree", Google would be allowed to combine their personal information obtained ...