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...

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...

During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolven...

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...

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...

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...