liquidator wants to wind up a company pushing the owner

Applications to wind up a company in insolvency

Estimated reading time: 6 minutes

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.

Image for article Overview of Corporate Insolvency and Personal Bankruptcy in Australia

The Complete Guide to Corporate Insolvency and Personal Bankruptcy in Australia

Estimated reading time: 110 minutes

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.

Ben Sewell speaking on insolvency seminar

Insolvency seminars for law groups

Estimated reading time: 2 minutes

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…

What ASIC v Plymin tells us

What ASIC v Plymin tells us

Estimated reading time: 5 minutes

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.

Has your equipment become a fixture - man removing a machine

Has your equipment become a fixture? PPSR hot topic

Estimated reading time: 3 minutes

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 […]

How to check PPSR online

Using the PPSR to Defend Unfair Preference Claims

Estimated reading time: 11 minutes

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.