Temporary changes to insolvency laws amid the COVID-19 pandemic

On Sunday 22 March 2020, the Australian Federal Government announced that it will make temporary amendments to insolvency and corporation laws in light of the economic challenges otherwise profitable and viable businesses are faci...

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My company has been wound up! What are my options?

There is a common misunderstanding that if an order is made winding-up a company then this order is set in stone.  This, however, is not the case. The corporations law provides a means to wind back the clock, which essentially...

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Is going Bankrupt as Bad as it Sounds? The Consequences of Bankruptcy.

The effects of bankruptcy can be far-reaching, perhaps in ways you hadn't considered affecting more than just you personally. If you are subject to bankruptcy proceedings or are considering filing for bankruptcy voluntarily, you ...

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That Company owes me Money! A Guide to issuing a Statutory Demand.

If a company owes you money and is refusing to pay, there are several things you can do to try and recover your money: one avenue is issuing a statutory demand. What is a statutory demand? A statutory demand is a legal document se...

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To Adjourn or Not to Adjourn: A Review of s440A(2)

In proceedings before the Federal Court of Australia and the state Supreme Courts where an application is made pursuant to sections 459P and 459Q of theCorporations Act (Cth) (“Act”) for orders winding up a company, the appoi...

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Only Director Down Under? Tips for Minimising Your Liability

We recently saw a transaction where this approach was adopted by a large US-based private equity investor, but we've also seen this trend extend beyond the private equity space. Often, the Australian company will have only one Au...

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