Personal & Corporate Insolvency
Mark Steele
Rob Marino
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Small Business Restructuring: A New Regime
With effect from 1 January 2021 small business restructuring (SBR) was introduced by the Australian Government as ...
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Is Your Business Next on the ATO’s Hit List?
The Australian Taxation Office is increasing its collection activities of outstanding tax debts following the COVID-19 pandemic. What can you do if this affects your business?
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SMALL BUSINESS INSOLVENCY REFORMS
On 10 December 2020, the Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 (Cth) (the “Bill”) was ...
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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 ...
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Extension of Insolvency Relief
The Federal Government has announced that the temporary insolvency relief implemented in March of this year ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Statutory Set-off and Unfair Preference Claims
A liquidator appointed to an insolvent company will often seek to recover, as an unfair preference payment, any ...
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Safe Harbour and Ipso Facto Reform
On 12 September 2017, the House of Representatives passed the Treasury Laws Amendment (2017 Enterprise Incentives ...
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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 ...
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When is a Company Insolvent?
Whether a company is insolvent can be relevant in a number of circumstances. A director of a company must ...
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Marino Law Strengthens Litigation Offering
Marino Law has strengthened its litigation offering with the appointment of Mark Steele as Senior ...
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Lenders take care when registering security interests with trading trusts
We recently provided advice in a matter where a number of lenders and financiers had registered security interests ...