With Australia facing a likely shut down of non-essential services in the next 48 hours, many otherwise profitable and viable business are unfortunately facing financial distress. As part of the Federal Government's second economic stimulus package, it has been announced that the Morrison government will make temporary changes to insolvent trading laws including providing directors from temporary relief for insolvent trading.
The key measures (all to apply for the next six months only) are as follows:
Ipso Facto is the sort of phrase people throw around when they're trying to sound more lawyery, but it's also the name of a regime that operates and affects your contractual rights when one of your contracting parties becomes insolvent.
Statutory demands are a quick and convenient way to prove a debtor company’s insolvency. But they’re sensitive creatures. There seems to be an endless list of potential defects to make the demand challenge-worthy.
Luckily for creditors, a recent decision of the WA Court of Appeal means there is one less way for a demand to fail.
The loan and the demand
Garuda Aviation is a small WA operator that borrowed $27 million from CBA to buy a plane. The loan was secured by a mortgage over the plane.
From riches to rags and maybe back again, 50 Cent is making a comeback in the US legal system.
Many of you may remember how back in July, 50 Cent made headlines when he filed for bankruptcy. That happened just after he was ordered to pay millions for releasing a sex tape of Rick Ross’ ex girlfriend (obviously).