Stay across the latest news and topics in insolvency and turnaround matters.
In this episode of The Cut, Simon Cathro speaks with Keiran Breckenridge and Jonathon Turner from Lander & Rogers about secured creditors and receiverships, a topic not covered in previous episodes Jonathan Turner is a partner at Landers and Rogers, specialising in corporate restructuring, insolvency, and finance. He joined the
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
In this episode of The Cut Andrew Blundell speaks with Courtney Macdade and Rebecca Dalais from the the Department of Employment and Workplace Relations FEG Recovery Program’s Recovery Funding team. Courtney Macdade is the Acting Principal Government Lawyer in the Department of Employment and Workplace Relations FEG Recovery Program’s Recovery
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,
In this episode of The Cut, host Andrew Blundell, Principal at Cathro & Partners, is joined by Anna Taylor, Principal at Results Legal, to discuss various aspects of insolvency, debt recovery, and trade credit. Key Takeaways: This episode provides valuable insights for insolvency practitioners, creditors, and businesses on effectively navigating
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
Welcome to Cathro & Partners’ guide on bankruptcy. Before we delve into bankruptcy, let’s understand some key concepts. Insolvency occurs when an individual or business cannot meet their debt obligations. This guide will clarify terms like ‘debtor’, ‘creditor’, ‘bankruptcy trustee’, and ‘bankruptcy’ to help you navigate this complex area. What
In this episode of The Cut, host Henry Kazar, principal of Cathro & Partners in Canberra, dives deep into the topic of freezing orders with guest Graeme Blank, a seasoned barrister from Blackburn Chambers. Together, they explore the nuances and implications of freezing orders within the realm of insolvency. Henry
On 8 July 2024, off the back of the submission process run by the Attorney Generals Department in relation to personal insolvency, which concluded in September 2023, Mark Dreyfus, announced that the Australian Government is set to introduce a series of significant reforms to the nation’s bankruptcy system. The stated
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
In the latest episode of The Cut, Simon Cathro plunges into the intricate world of insolvency law, discussing its multifaceted challenges and opportunities. With us on this episode is Emily Barrett, a partner in the restructuring and insolvency team at Johnson Winter Slattery. Emily’s deep understanding of the industry and
The biggest inclusion in the Federal Government’s 2024 Budget from an insolvency practitioner’s perspective was that recoveries to repay outstanding superannuation is now a consideration when the FEG recovery program is looking to fund liquidators’ recovery actions. The Fair Entitlements Guarantee (“FEG”) Scheme, administered by the Department of Education and
In the latest episode of The Cut, Simon Cathro delves into the intricacies of Deeds of Company Arrangement (DOCA) with guest Sam Dundas, a partner at King & Wood Mallesons. Together, they discuss the complexities of insolvency law, with a particular focus on DOCAs. Sam shares insights from his extensive
In June 2020, the Australian Government introduced the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (cth). Within it was the introduction of a new regime to Part 9.1A of the Corporations Act 2001 (cth), which requires all company directors or anyone who intends on becoming a director
Provisional liquidation is a mechanism available to creditors or members of a company in Australia which is derived from section 472(2) of the Corporations Act 2001 (Cth) (the Act). An application to appoint a provisional liquidator can be filed any time after the filing of a winding up application and
Introduction to Insolvency and PIAs Welcome to Cathro & Partners’ guide on Personal Insolvency Agreements. Before we delve into PIAs, let’s understand some key concepts. Insolvency occurs when an individual or business can’t meet their debt obligations. This guide will clarify terms like ‘debtor’, ‘creditor’, ‘insolvency practitioner’, and ‘bankruptcy’ to
Bankruptcy is a legal status that can be imposed on an individual who is unable to repay their debts. It is a process that provides relief to insolvent debtors by allowing them to seek protection from their creditors and potentially have their debts discharged. There are two ways in which
In this episode of The Cut, host Simon Cathro, Managing Principal of Cathro & Partners, welcomes listeners to season 3. This season the team will delve into the legal industry with a focus on insolvency, restructuring, and related legal matters. Simon and his guest, Tom Gardner, a restructuring lawyer from