Category: Insolvency
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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- Bankruptcy
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
How to Respond to a Statutory Demand
Whether you are looking to recover a debt, or have been served with a creditor
Read articleSafe Harbour defence to Insolvent Trading
What is the safe harbour defence to insolvent trading? The safe harbour provisions provide directors with an exception from insolvent trading liability where they are developing courses of action which are reasonably likely to lead to a better outcome for the company than administration or liquidation. The relevant legislative provision is s588GA Corporations Act 2001…
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- Insolvency