Technical Insight

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

We previously talked about Bankruptcy and Personal Insolvency Agreements. Depending on the circumstances, there are options available under the Bankruptcy Act that are more applicable to you and your individual financial position than you may realise.

A Members’ Voluntary Liquidation (MVL) is a formal process of winding up the affairs of a solvent company. The members of the company, via a special resolution, decide to wind up the company…

As we head into the festive season, we’ve taken a moment to reflect on the year that was and capture our thoughts on what 2024 is likely to bring for Australian businesses and the insolvency sector.