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Unfair preference and "running account" - the impact of suspension of a trading account
  • Baker & McKenzie
  • Australia
  • November 23 2015

The "running account" defence to an unfair preference claim is a fragile flower. In a recent decision, the Queensland Court of Appeal has reminded

Demanding your money back - benefits and risks of issuing a statutory demand
  • Brown Wright Stein Lawyers
  • Australia
  • November 4 2015

This article discusses what a statutory demand is and the risks and benefits of issuing a statutory demand to recover your money. It is important to

Special purpose liquidators: a tool in the creditor’s toolbox
  • Bartier Perry
  • Australia
  • September 30 2015

A recent case is a reminder to creditors in a voluntary winding up that the Court has the power to appoint an additional or special purpose

Five minutes onthe long arm of the liquidator: recovery of “unfair preference payments” from stressed debtors
  • Squire Patton Boggs
  • Australia
  • September 28 2015

With continuing market volatility a number of companies remain under financial pressure. Businesses or individuals receiving payments from companies

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