In brief - The legislative changes proposed within the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (the Bill) is, as aptly titled, proposing to close outstanding 'loopholes' in the Fair Work Act 2009 (Cth) (the FWA).
In brief: The Supreme Court of Queensland has ordered that an objector to an external administrator's remuneration application pay the administrator's costs of responding to the objections. This decision, which will be welcomed by external administrators, appears to be the first time such an order has been made in the insolvency jurisdiction.
Disclaimer of interest: Colin Biggers & Paisley acted for the Provisional Liqudiator in Michaela Manicaros v Commercial Images (Aust) Pty Ltd [2022] QSC 83.
In brief - The collapse of national construction company ProBuild sent shockwaves through the industry with flow-on effects felt by many stakeholders. What role can early risk identification and mitigation play in saving a company from entering administration?
When a principal contractor or senior builder enters administration, there are a significant number of risks which, if navigated property, can be mitigated to minimise loss.
In brief - Malvern Developments successfully applies to have creditor's statutory demand set aside, satisfying Supreme Court of a genuine offset claim
In brief - A useful summary for aviation industry, finance and insolvency practitioners of the Full Court of the Federal Court's decision in VB Leaseco Pty Ltd (Admin Appointed) v Wells Fargo Trust Co, National Association [2020] FCAFC 168
In brief - Well drafted trading and credit terms can help your company avoid bad debts
Seeking director's guarantees, following your credit policies and including recovery costs, interest clauses, general security and retention of title clauses in your trading terms can help you manage cash flow and prevent bad debts.
Company liquidation often due to poor management of cash flow
In brief - Courts will not grant further extensions if second application is made too late
In brief - Courts will not grant further extensions if second application is made too late
In brief - Courts identify three circumstances for ordering priority repayments
In brief - Your actions will depend on whether you acknowledge or dispute the debt
If you are contacted by a debt collector, you should be frank about what you plan to do. If you dispute the debt, you should get legal advice as quickly as possible.
Debt collectors don't go away if you ignore them