Insolvency

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Court Awarded Security for Costs Despite a Litigation Funder’s Indemnity Against Adverse Costs

March 2019 Court Awarded Security for Costs Despite a Litigation Funder's Indemnity Against Adverse Costs Key Takeaways The fact that the Plaintiff company is in liquidation or in the process of winding up in insolvency does not always mean that it will be unable to pay the litigation costs and the costs order. The Court [...]

By | 2019-03-11T13:58:30+11:00 March 6th, 2019|Business, Dispute Resolution, Insolvency, Litigation|Comments Off on Court Awarded Security for Costs Despite a Litigation Funder’s Indemnity Against Adverse Costs

Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees

February 2019 Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees Key Takeaways  Distributions to the creditors of a company by a Liquidator can, in certain circumstances, be justified, even if there remain claims by former employees. A Liquidator ignoring claims of the former employees of a company with respect to their [...]

By | 2019-02-01T16:34:03+11:00 February 1st, 2019|Business, Insolvency, Workplace Law|Comments Off on Distributions to Creditors by a Liquidator Justified, Despite Claims from Former Employees

Search and Seizure of Company’s Property, Books and Records by a Liquidator

January 2019 Search and Seizure of Company's Property, Books and Records by a Liquidator Key Takeaways A persistent pattern of non-cooperation and evasion of a person who is in possession of the company’s property or books is sufficient to satisfy the requirements in s 530C of the Corporation Act 2001 (Cth) (Act) and for the [...]

By | 2019-02-01T16:25:21+11:00 January 29th, 2019|Business, Insolvency|Comments Off on Search and Seizure of Company’s Property, Books and Records by a Liquidator

Alternative Dispute Resolution Options in Australia

February 2018 - Contrary to popular belief, resolving disputes does not always mean going to Court.  In our experience, most disputes can be resolved by alternative forms or processes of dispute resolution.  You should always discuss with your lawyer the alternative ways of resolving a dispute – a good lawyer will always offer to discuss the [...]

By | 2018-02-05T09:17:54+11:00 February 2nd, 2018|Business, Insolvency|Comments Off on Alternative Dispute Resolution Options in Australia

Smooth Sailing for Innovative Directors in Troubled Times?

January 2018 - In September 2017, the Federal Government passed amendments to the Corporations Act 2001 (Act) incorporating “safe harbour” provisions to assist directors to be more innovative and prevent viable companies from being placed into administration or liquidator for fear of the directors being held personally liable for trading whilst insolvent.  This change is [...]

By | 2018-02-05T09:15:46+11:00 February 2nd, 2018|Business, Insolvency|Comments Off on Smooth Sailing for Innovative Directors in Troubled Times?