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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- Property Law
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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- Insolvency
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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- Uncategorized
Failure to Submit Report as to Affairs of Company
FAILURE TO SUBMIT REPORT AS TO AFFAIRS (RATA) OF COMPANY AND COMPANY BOOKS TO LIQUIDATOR – Consequences To Directors, Company Secretaries and “Classes Of People” Failure to submit a RATA and company books to the liquidator or provisional liquidator, can lead to serious consequences under the Corporations Act 2001 (Cth) (“Act”)! Who is Responsible? Directors…
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- liquidation