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    Impact of proposed changes to the Fair Work Act on insolvency and restructuring practitioners
    2023-09-11

    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).

    Filed under:
    Australia, Employment & Labor, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Fair Work Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Adam Foster , Scott Hedge
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Costs Order Made Against Objector to Provisional Liquidator's Remuneration Application
    2022-05-26

    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.

    Filed under:
    Australia, Queensland, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Glen Williams
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    The collapse of ProBuild - how mitigating risks early can save a company
    2022-03-11

    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.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers
    Authors:
    Peter Harkin
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Statutory demands and offsetting claims - what is best practice?
    2021-08-26

    In brief - Malvern Developments successfully applies to have creditor's statutory demand set aside, satisfying Supreme Court of a genuine offset claim

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers
    Authors:
    Peter Harkin , Scott Hedge , Stuart McKenzie
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Virgin administration leads to consideration of Cape Town Convention obligations
    2020-10-13

    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

    Filed under:
    Australia, Aviation, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Federal Court of Australia
    Authors:
    Andrew Tulloch , Scott Hedge
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Your trading terms and policies can help you avoid debt recovery headaches
    2015-05-22

    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

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Accounts receivable, Debt
    Authors:
    Mathew Deighton
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Voidable transactions and applications to extend time: lessons for liquidators
    2015-03-26

    In brief - Courts will not grant further extensions if second application is made too late

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Liquidator (law), Civil Procedure Rules (UK)
    Authors:
    Peter Harkin
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    Voidable transactions and applications to extend time: lessons for liquidators
    2015-03-26

    In brief - Courts will not grant further extensions if second application is made too late

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Liquidator (law), Civil Procedure Rules (UK)
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    "Good Samaritan" payments subject to preference actions may be repaid in priority
    2015-02-25

    In brief - Courts identify three circumstances for ordering priority repayments

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Colin Biggers & Paisley Lawyers, Bankruptcy, Debtor, Liquidation
    Authors:
    Peter Harkin
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    What to do when the debt collector comes calling
    2014-02-13

    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

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Debt, Liquidation, Collection agency
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers

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