Technical Insight

Running a commercial enterprise, such as a company comes with numerous responsibilities, but one of the most critical—often overlooked—is maintaining accurate and complete business records. In Australia, directors are legally required to ensure their companies keep financial and corporate records that are clear, organized, and up-to-date. Failing to do so

When a company enters liquidation, the liquidation process is overseen by a liquidator. One of the key responsibilities of the liquidator is to manage the distribution of the company’s assets to its creditors. This process is referred to as the “dividend to creditors” and is crucial in ensuring that creditors

Introduction Director loans are common assets which liquidators identify once they are appointed liquidators of a company. As liquidators, we often see situations whereby the company is not making any profits and the directors use the company’s funds during a financial year to fund their personal lifestyle, thereby creating the

Recently I was approached by a client to consider whether it was possible to call a members’ meeting to and place a company into creditors voluntary liquidation without the involvement of the director. In this particular case, the sole director passed away suddenly leaving the company without a director and

Search warrants are a crucial tool in the enforcement of corporate law in Australia. Under section 530C of the Corporations Act 2001 (“the Act”), search warrants can be issued to facilitate the investigation of company affairs, especially in cases where there is suspicion of misconduct or breaches of the Act.

In July 2024, I discussed the topic of freezing orders with guest Graeme Blank, a seasoned barrister from Blackburn Chambers. The following is a brief snapshot to assist in understanding this process: By understanding the intricacies of freezing orders, both debtors and creditors can navigate the legal landscape more effectively,

Back in November 2023, I wrote an article about the Australian Taxation Office (“ATO”) outstanding lodgement amnesty program finishing up in December 2023. Since then, the ATO has returned to normal pre COVID collection procedures. In seeking to encourage compliance, the ATO has also issued large numbers of Director Penalty

On 4 July 2024, Downes J of the Federal Court of Australia provided a decision in favour of the ATO that contradicts how Bankruptcy Trustees have traditionally treated Capital Gains Tax (CGT) prior to June 2021 in Robson as trustee for the bankrupt estate of Lanning v Commissioner of Taxation

The Personal Property Securities Register (“PPSR”) is a critical tool for businesses in Australia to protect their interests in personal property. By registering security interests, businesses can secure their claims against assets and reduce the risk of financial loss in cases of debtor default. However, perfecting PPSR security interests is

Since the safe harbour legislation was introduced in 2017, there have been no court cases dealing with whether a safe harbour process has been properly conducted or not. This can make it difficult for businesses and theirs advisers to know whether they are properly protecting a director from insolvent trading