We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 569

From administrator to official liquidator - impartiality, cost and qualification
  • McCabes
  • Australia
  • August 26 2015

It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of


It’s all a matter of interpretation, the costs of ‘convening’
  • The Commercial Bar Association of Victoria
  • Australia
  • August 26 2015

The costs of ‘convening’. Whether the person requesting a Meeting of Creditors, pursuant to 5.6.15(1)(b) of the Corporations Regulations 2001 (Cth


Court considers electronic service of application to set aside a statutory demand
  • Corrs Chambers Westgarth
  • Australia
  • August 21 2015

Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically, and the Court's evaluation of a


Directors liability for insolvency: do what you say and perform your duties or face personal liability
  • McInnes Wilson Lawyers
  • Australia
  • July 31 2015

The point at which a company becomes insolvent is not always clear. The Courts will consider "various indicia of insolvency", including the company's


Can a director’s liability for insolvent trading be reduced by a set-off against the company?
  • Cooper Grace Ward
  • Australia
  • July 8 2015

If a director can exercise a right of set-off against a company in liquidation for a debt owed to the director or for a liability of the company to


O brother, where art thou?
  • Corrs Chambers Westgarth
  • Australia
  • June 26 2015

A fruit and vegetable supplier supplied the defendants’ company with fruit and vegetables over a number of years. The defendants, who were brothers


Your trading terms and policies can help you avoid debt recovery headaches
  • CBP Lawyers
  • Australia
  • May 22 2015

Seeking director's guarantees, following your credit policies and including recovery costs, interest clauses, general security and retention of title


When are LDS a penalty?
  • Allens
  • Australia
  • May 8 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty. In a decision


Be very clear if the intention is to create a trust: Korda & Ors v Australian Executor Trustees (SA) Limited 2015 HCA 6
  • Gilbert + Tobin
  • Australia
  • April 30 2015

In this case, the High Court held that the proceeds of the sale of timber and land under a timber plantation scheme were not held on trust for


Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
  • Allens
  • Australia
  • April 29 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency, particularly in relation to inconsistency between