In today’s competitive lending environment, securing priority for future advances is more than a technical exercise - it’s a strategic imperative. The concept of tacking, long governed by common law,...
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 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.
Lander & Rogers acted for the winning trustees in bankruptcy in Jess v McNiven, in the matter of McNiven (No2) [2022] FCA 446.
A search warrant is a powerful tool for a liquidator to hold, particularly with the expected insolvencies that will arise as Australia emerges from the COVID-19 pandemic and associated lockdowns.
The Federal Government has hailed its recent Exposure Draft legislation to introduce a formal debt restructuring process for micro and small-to-medium companies as an adoption of US-style Chapter 11 bankruptcy...
The Federal Government is departing from the current 'one size fits all' approach in Australia's insolvency regime in anticipation of an insolvency tsunami caused by the COVID-19 crisis.
The Federal Government’s proposed 'insolvency reforms to support small business' are widely reported – the biggest headline being the adoption of a US-style 'debtor in possession' model.
In the last 24 hours, the Treasurer has announced the Federal Government's plans to significantly reform the insolvency regime for small businesses, with new laws to take effect from 1...
Client portal
