Cross Border Insolvency Disputes

Cross Border Insolvency has become an increasing problem given growing trade globalisation.  It exists in situations where a foreign insolvent debtor has assets or creditors in more than one country.  Differing legal systems and laws have created problems in the past recognising the rights of foreign creditors.  The United Nations designed the Model law to…

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Encroachments on Land in QLD

We often get asked to provide legal advice to property owners faced with the issue of encroachments. There are many circumstances where this may arise. It could arise where you purchase a property and later decide to carry out improvements. You obtain a surveyor’s report only to find out that the neighbour’s retaining wall is…

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What’s an unfair preference claim?

How to fight a Liquidator’s Unfair Preference Claim What to do when faced with a liquidator pursuing you for alleged Unfair Preference Payments? Here Mark Harley looks at the latest defences that may be available to creditors and how to assess your potential exposure under the Unfair Preference regime. What is an Unfair Preference Claim?…

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Solvent or Insolvent? Principles applied by the Courts to determine solvency of a Company

When is an Australian company considered to be insolvent? The answer to that question can have significant ramifications for affected business owners, directors, regulators, employees and creditors, whose interests in the outcome of that determination may directly conflict.  Section 95A of the Corporations Act 2001 (“the Act”) sets out the test of insolvency in this…

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