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Insolvency
Australia
Holding Redlich
A creditor of an insolvent company cannot rely on the right of set-off in response to an unfair preference claim.
Gilchrist Connell
Prudent insolvency practitioners should take care before "promising" that employee entitlements will be preserved.
Bartier Perry
The creditor of an insolvent company has no statutory right of set-off against a liability to repay an unfair preference.
Corrs Chambers Westgarth
A court may consider a broad range of factors in assessing whether to exercise its discretion to terminate a winding up.
Corrs Chambers Westgarth
A court could make orders permitting the liquidator of a (former) corporate manager to sell partnership assets.
Stonegate Legal
Debt recovery steps: prevention, mediation, commencing proceedings and enforcement
Mayer Brown
On 4 November 2021, the High Court of Australia heard the arguments put forward by Wells Fargo Trust Company, National Association and Willis Lease Finance Corporation, together Wells Fargo, and the administrators ...
Corrs Chambers Westgarth
Considers recent FC decision where liquidators sought court approval to enter a long term settlement agreement.
Worrells Solvency & Forensic Accountants
Worrells can tell you what you need to know to tackle financial & business structuring issues & challenges.
Worrells Solvency & Forensic Accountants
The government has introduced small businesses insolvency law reform, to assist businesses struggling with debt.
Swaab
Link to 7:30 Report where the need for stronger enforcement in the pre-insolvency industry was discussed.
Corrs Chambers Westgarth
Court used its general powers to allow a voluntary administrator to transfer shares without consent to implement a DOCA.
Corrs Chambers Westgarth
Recent decision guides the approach to supervision of schemes of arrangement.
Worrells Solvency & Forensic Accountants
Some deferred insolvencies could take place through 2022, pushing insolvency numbers above historical levels.
Worrells Solvency & Forensic Accountants
This case dealt with the issue of where a bankrupt had not filed an SOA, but funds were available to be distributed.
Worrells Solvency & Forensic Accountants
Planning and budgeting are essential to determine how much cash is needed for a profitable business this year and beyond.
Worrells Solvency & Forensic Accountants
A contribution system seeks to compensate creditors while allowing a bankrupt to maintain a fair standard of living.
Cathro & Partners
Advisors should monitor their clients businesses closely to consider whether this SBRP option might be worthwhile.
Corrs Chambers Westgarth
This decision focused on how a court appoints a liquidator - when that liquidator was previously the receiver.
Rostron Carlyle Rojas
More insolvency appointments are expected once the ATO debt collection activity resumes. Includes link to ASIC statistics.
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