With rising property prices and tighter lending conditions, many Australians are increasingly turning to the 'bank of mum and dad' (and other family members) to assist with property purchases, business...
Lately, there seems to be a few more receivership appointments about than in recent years. Given the current economic outlook and the heightened financial pressure faced by businesses, we expect...
The Federal Court's recent decision in Stone (Liquidator), in the matter of RIC Admin Pty Ltd (in liq) v Mandalinic (No 2) [2024] FCA 164 demonstrates the analysis the courts...
A reminder of the crucial role that compelling evidence plays in rebutting a presumption of insolvency.
This judgment highlights the supervisory role to be played by the courts to ensure that a deed of company arrangement (DOCA) is for a proper purpose.
This Federal Court decision highlights an interesting and practical solution for former directors who receive a director penalty notice after their directorship has ended.
An inquiry has determined that Australia's insolvency regime is not fit for purpose and requires major reform.
The Federal Court has confirmed the high bar for proving unconscionable conduct, dismissing an appeal by the ACCC to overturn the trial judge's finding that Mazda did not act unconscionably...
The High Court's decisions in Metal Manufacturers Pty Limited v Morton [2023] HCA 1 and in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 provide a win for...
The High Court of Australia has provided some useful guidance that will assist credit managers in navigating their roles and in dealing with liquidators demanding repayment of alleged unfair preferences.
Almost twelve months have passed since the mandatory breach reporting amendments to the Corporations Act and National Consumer Credit Protection Act 2009 came into effect.
An insolvent trading claim was dismissed by the NSW Supreme Court when a creditor was unable to prove that a company was insolvent at the time it incurred its debts.
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