As part of its second stimulus package in response to the developing novel coronavirus pandemic announced on 22 March 2020, the Australian Government has extended a lifeline to individuals and businesses facing financial distress by way of temporary changes to the laws of insolvency. There are four key features of the changes.
1. Temporary changes to creditor's statutory demands laws
With the rampant spread of COVID-19 worldwide, there are increasing concerns as to the financial impact of the outbreak. With forced business closures a potential reality, it seems inevitable that the Australian economy is on its way to a recession.
It is therefore critical that directors of companies are fully aware of the extent of their duties and understand what they must do to comply.
Suppliers of goods often rely upon retention of title clauses to preserve their goods in the event the purchaser defaults on any aspect of the supply agreement. However, how enforceable are these provisions when the purchaser enters into administration or liquidation or becomes bankrupt? What steps can suppliers take to protect their interests in these circumstances?