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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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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How to Respond to a Statutory Demand

Whether you are looking to recover a debt, or have been served with a creditor

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Annulment of Bankruptcy

I recently provided an advice about section 153A of the Bankruptcy Act 1966 (Cth).  For those of you who can’t recall that section off the top of your head (and I don’t blame you), it relates to annulment of bankruptcy on payment of debts. Whilst the section is relatively straight forward, sometimes certain circumstances present…

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