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    Australian Insolvency Reforms - The Harbour Appears Safer Than it Was
    2017-06-15

    On 1 June 2017, the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 (Bill) was introduced to the House of Representatives. The Bill introduces amendments to the Corporations Act 2001 (Cth) (Act) that are aimed at providing a safe harbour for directors from potential insolvent trading liability and also at restrictions on the enforcement of ipso facto clauses.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, K&L Gates LLP, Debt, Corporations Act 2001 (Australia)
    Authors:
    Ian J. Dorey , Zina Edwards , James Thompson
    Location:
    Australia
    Firm:
    K&L Gates LLP
    Signs You May Be Having Money Issues
    2017-05-24

    Everyone loves money, particularly spending it! Buying new toys or new clothes which make you look and feel good is important for your confidence and self-esteem. But how do you know if you’re good with money or not? Even if you get paid plenty of money doesn’t suggest you’re good with it. There are lots of successful individuals who have significant problems with money simply because they weren’t familiar with the warning signs.

    Filed under:
    Australia, Insolvency & Restructuring, Bankruptcy Experts, Budget, Debt
    Location:
    Australia
    Firm:
    Bankruptcy Experts
    Dealing with Statutory Demands
    2017-04-27

    The statutory demand process is widely used by companies wishing to secure prompt payment of debts owing by companies registered in Australia. This article will look at a company's options for dealing with a statutory demand.

    What is a statutory demand?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Option (finance), Debt, Liquidation, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Bird & Bird LLP
    Can I Recover Debt from a Company in Liquidation?
    2017-03-29

    If you are in the sticky situation where you need to recover debt from a company in liquidation, you will inevitably have a lot of questions. Can I even pursue the company? Will I receive any money back? What can I do? This article will explore how the liquidation process works, what process you need to follow to recover your debt, and what you need to prove to make a successful claim.

    How Does Liquidation Work?

    Filed under:
    Australia, Insolvency & Restructuring, LegalVision, Debt, Liquidation
    Authors:
    Noam Greenberger
    Location:
    Australia
    Firm:
    LegalVision
    How to Enforce a Garnishee Order
    2017-03-16

    A garnishee order is a common form of enforcing a judgment debt against a creditor to recover money. Put simply, the court directs a third party that owes money to the judgement debtor to instead pay the judgment creditor. The third party is called a ‘garnishee’. A garnishee order is a legal notice the court issues that allows the creditor to collect the amount from either:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, LegalVision, Debtor, Debt
    Authors:
    Emma George
    Location:
    Australia
    Firm:
    LegalVision
    To stay or not to stay? Stay and suspension of enforcement proceedings in cross border insolvencies
    2016-12-09

    This week’s TGIF considers Tai-Soo Suk v Hanjin Shopping Co Ltd [2016] FCA 1404 in which the Court was required to determine the scope of a stay arising under the UNCITRAL Model Law on Cross Border Insolvency.

    BACKGROUND

    A Korean shipping company was subject to ‘rehabilitation’ proceedings in Korea. Rehabilitation proceedings seek to ‘rehabilitate’ insolvent debtors by restructuring their debt pursuant to a rehabilitation plan approved by the creditors and the Rehabilitation Court.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor, Debt, Liquidation, Admiralty law, UNCITRAL, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    When is a judgment debt not a judgment debt?
    2016-09-02

    This week’s TGIF considers the case of Compton v Ramsay Health Care Australia Pty Ltd [2016] FCAFC 106, where the Court exercised its power to “go behind” a judgment upon which a petitioning creditor relied as proof of a debt that was owed.

    WHAT HAPPENED?

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Debtor, Debt, Federal Court of Australia
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Supreme Court of Victoria dismissed application to set aside statutory demand on basis of spurious and hypothetical dispute
    2016-07-22

    This week’s TGIF considers the case of Brandon Industries (Vic) Pty Ltd v Locker Pty Ltd [2016] VSC 373 where the Court dismissed an application to set aside a statutory demand due to the applicant’s failure to establish a genuine dispute or offsetting claim pursuant to section 459H of the Corporations Act 2001 (Cth).

    BACKGROUND

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debtor, Debt, Legal burden of proof, Good faith, Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    PPSA - Curing a defective registration
    2016-08-17

    The importance of security holders accurately registering their interest on the Personal Property Securities Register (PPSR) to create a valid, enforceable interest is constantly emphasised in commentary and cases. It is accepted that an error in a grantor’s identifier is likely to be fatal to a PPSR registration1, often resulting in a creditor’s unperfected interest vesting in a company upon it entering administration or liquidation. However, a recent decision of the New South Wales Supreme Court illustrates that a defective registration may be cured without losing priority.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hall & Wilcox, Legal personality, Collateral (finance), Security (finance), Interest, Debt, Ex parte, Personal property, Liquidation, Conveyancing, Secured creditor, Prejudice, Aircraft registration, Securities Act 1933 (USA), Corporations Act 2001 (Australia)
    Authors:
    Katherine Payne
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Unsecured Debt Recovery: How to enforce against real property
    2016-08-18

    A problem often faced by creditors is how to recover unsecured judgment debts. If a debtor owns real property, there is a mechanism available through the Courts to have the debt registered against the property and the sheriff's office sell the property to satisfy the judgment debt.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Gadens, Debtor, Unsecured debt, Debt
    Authors:
    Martin Nguyen
    Location:
    Australia
    Firm:
    Gadens

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