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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

PPSA - Whittaker Review final report - implications for the hire industry
  • Bartier Perry
  • Australia
  • March 30 2015

The final Report of the Whittaker Review into the Personal Property Securities Act 2009 (Cth) (PPSA) was tabled in Federal Parliament on 18 March

Court allows deed administrator to transfer shares in a company’s restructure without the consent of the shareholders
  • Corrs Chambers Westgarth
  • Australia
  • March 27 2015

In In the matter of Nexus Energy Ltd (subject to a deed of company arrangement) 2014 NSWSC 1910, the deed administrators of Nexus Energy Limited

In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd)
  • Corrs Chambers Westgarth
  • Australia
  • February 20 2015

The recent Supreme Court of NSW decision In the matter of Anglican Development Fund Diocese of Bathurst Board (recs and mgrs apptd) 2015 NSWSC 6