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    Residential Focus: Track record of insolvency - implications for licensing
    2024-05-01

    Track record of insolvency – implications for licensing

    A recent decision of the Tribunal, affirming a licensing decision under the Home Building Act 1989 (HB Act) of the regulator to refuse an application to renew a qualified supervisor certificate, reveals the keen focus of the regulator on using its licensing powers to clean up the industry.

    The applicant before the Tribunal was the director, secretary and controlling mind of a company licensed under the HB Act and was its nominated supervisor.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Holding Redlich, Liquidation, Affordable housing, Cladding, Competition and Consumer Act 2010 (Australia), Environmental Planning and Assessment Act 1979 (New South Wales) (Australia)
    Authors:
    Christine Jones
    Location:
    Australia
    Firm:
    Holding Redlich
    Federal Court revisits liquidators and trustees’ ability to seek judicial advice
    2023-07-25

    The recent decision of Metigy Pty Ltd (in liq) (applications for settlement approval) [2023] FCA 818 reminds liquidators and trustees of the prerequisites they must satisfy in seeking judicial advice. Failure to meet these criteria may result in the court refusing to exercise its jurisdiction to give such advice.

    The facts

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich
    Authors:
    Chris Brodrick
    Location:
    Australia
    Firm:
    Holding Redlich
    Received a statutory demand? Consider these three proven grounds to dispute the debt
    2023-04-19

    Statutory demands can be issued by a creditor to a debtor company to demand payment of a debt due and owing. Failure to respond to the demand may result in the debtor company facing a winding-up application based on the company’s presumed insolvency.

    However, there are several avenues available to a debtor company to apply for a court order setting aside a demand. The most common grounds are found in section 459H of the Corporations Act 2001 (Cth), where a company can claim:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Holding Redlich, Corporations Act 2001 (Australia)
    Authors:
    Toby Boys
    Location:
    Australia
    Firm:
    Holding Redlich
    Debt and finance disputes on the rise: How your business can balance its litigation risk
    2023-03-15

    Since the start of 2023, we have seen an uptick in the number of new matters and inquiries regarding debts, insolvency, enforcement of securities and distressed assets due to increased pressure on the financial position of the counterparties.

    Filed under:
    Australia, Insolvency & Restructuring, Holding Redlich
    Authors:
    Toby Boys
    Location:
    Australia
    Firm:
    Holding Redlich
    High Court rejects ‘peak indebtedness rule’ in unfair preferences case
    2023-02-22

    The High Court’s recent decision in Bryant & Ors v. Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Gunns case) has important implications for liquidators and companies, as it has removed liquidators’ unfair advantage in unfair preference cases.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Toby Boys
    Location:
    Australia
    Firm:
    Holding Redlich
    A guide to deregistration and members’ voluntary liquidation in Australia
    2023-02-01

    If you’re thinking about tidying your corporate structure, now is the time to do it.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Holding Redlich, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Darren Pereira , Clare Giugni
    Location:
    Australia
    Firm:
    Holding Redlich
    Preference claims - a changing landscape
    2021-05-19

    The recovery of preference payments is a key weapon in a liquidator’s arsenal and, since the introduction of safe harbour reforms in 2017 and the COVID-related suspension of insolvent trading liability (which narrow the scope for recovery from directors), are an increasingly important and prominent part of recovery work undertaken by liquidators.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich
    Location:
    Australia
    Firm:
    Holding Redlich
    Insolvency reforms cause permanent increase to the statutory demand threshold
    2021-05-05

    The Federal Government has foreshadowed further changes to Australia’s insolvency laws. These changes build on the raft of measures introduced over the previous year discussed in our earlier articles here and here.

    Filed under:
    Australia, Insolvency & Restructuring, Holding Redlich, Coronavirus
    Authors:
    Chris Brodrick , Kim MacKay
    Location:
    Australia
    Firm:
    Holding Redlich
    COVID-19 response: Changes to insolvency laws
    2020-03-23

    The increasing spread of COVID-19, and now the unprecedented measures being taken by governments to slow that spread, is having and will continue to have a significant impact on economies around the globe, including Australia. As the situation has not been seen before, it is difficult for businesses and individuals to plan ways to limit the impact on their ability to continue trading – and pay their debts.

    In recognition of the unique challenges facing businesses today, the Australian Government has responded by acting to relax laws relating to insolvency.

    Filed under:
    Australia, Insolvency & Restructuring, Holding Redlich, Coronavirus
    Authors:
    Chris Brodrick
    Location:
    Australia
    Firm:
    Holding Redlich
    Insolvent pharmacy: New powers for external administrators
    2019-11-06

    Recent amendments brought about by the National Health Amendment (Pharmaceutical Benefits) Bill 2019 (Cth) allow for the supply of pharmaceutical benefits by approved pharmacies under the Pharmaceutical Benefits Scheme (PBS) to continue following external administration or bankruptcy (section 91B, National Health Act 1953 (Cth) (Act)).

    Filed under:
    Australia, Insolvency & Restructuring, Holding Redlich
    Authors:
    Chris Brodrick
    Location:
    Australia
    Firm:
    Holding Redlich

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