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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“The Sleeper Awakes” e-Conveyancing: The Right to Deal

In e-Conveyancing, most of the focus to date has been on how to satisfy verification of identity (VOI) requirements. The VOI obligation is to take reasonable steps to verify the identity of each party to the conveyancing transacti...

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Willmott Forests: Victorian Supreme Court of Appeal Upholds Decision

Previously, we referred to Willmott Forests Ltd (Receivers and Managers appointed) (in liquidation) v Willmott Growers Group Inc and Willmott Action Group Inc [2012] VSCA 202. We noted then an appeal to the High Court had been hea...

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