Under the Corporations Act 2001 (Cth) there are 4 grounds that can be relied upon in an application to set-aside a statutory demand.
Deed is a formal document that gives the clear indication that a person or entity gives its most sincere promise that they will fulfil contractual obligations.
Pursuant to section 459C(2) of the Act, an application to wind up a company in insolvency must be done within 3 months of the date that a company is presumed to be insolvent.
Insolvency occurs when a business or an individual is unable to meet their debts as they become due and payable. There is a distinction in Australian law between bankruptcy (applies to individuals) and insolvency (applies to corporate bodies), and each has its own particular process. Read our article to learn more about corporate insolvency and personal bankruptcy.
In this article we look at perhaps the most powerful weapon in the creditor’s arsenal: the statutory demand for payment of debt.
Receiving a Director Penalty Notice (DPN) will be a confronting experience for any company director.
Sewell & Kettle Lawyers have been added to the preferred supplier list for the US Consulate to assist US citizens and companies doing business in Australia.
Last week was a busy week for educating and meeting solicitors in Sydney and Melbourne. Lots of solicitors are interested in finding out more about the new safe harbour from insolvent trading (section 588GA Corporations Act). So the firm is…
The case of ASIC v Plymin is significant for lawyers because it sets out a list of indicators that can help us understand when a company will be found to be insolvent. The general rule in law is that company insolvency is proven by a cash-flow test not a balance sheet test.
A dispute over a linear accelerator sounds like a James Bond movie but such dispute went to Court recently. A landlord, an equipment supplier, an administrator and bank all claimed an interest in the $9 million medical equipment and the eventual winner was the equipment supplier who sold the linear accelerator on credit. Fixtures are […]
Whenever a business considers lending money or selling goods it should consider whether it might be worthwhile to protect that lending with a personal property security, such as a PMSI. This will place the business in a much better position if the debtor goes bust. However, if you are creditor (or former creditor) and end up receiving a demand from a liquidator relating to an unfair preference, don’t despair.
In article: When a business provides finance or goods or services on credit, they need to consider how best to protect themselves from non-payment by their debtor. One important way of doing this is by registering a personal property security.…