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Setting aside winding up orders with return of company to its directors

Setting aside winding up orders with return of company to its directors

by accentu8 | Nov 18, 2013 | Technical Insights

In this issue: Reviewing applications to the court to have the winding up of a company terminated Who has standing to apply for a termination order The factors a court may take into account when assessing the merit of an application for termination of winding up Role...
A cautionary tale: void dispositions under section 468(1) Corporations Act

A cautionary tale: void dispositions under section 468(1) Corporations Act

by accentu8 | Oct 10, 2013 | Technical Insights

In this issue: Liquidator applications under section 468(1) Corporations Act considered The elements that need to be satisfied to establish a void disposition under that section Circumstances where a court may be willing to exercise its discretion to validate a...
Personal Property Securities Act — priority contest between secured lender and developer over builder’s on-site personal property

Personal Property Securities Act — priority contest between secured lender and developer over builder’s on-site personal property

by accentu8 | Sep 20, 2013 | Technical Insights

In an article published in the June 2013 edition of the Australian Construction Law Bulletin, BRI Ferrier consultant, Keith Bennetts, discusses the priority contest between the secured lender and developer over a builder’s on-site personal property, when a...
The administrative recovery process under section139ZQ Bankruptcy Act: an effective instrument in the hands of a trustee in bankruptcy

The administrative recovery process under section139ZQ Bankruptcy Act: an effective instrument in the hands of a trustee in bankruptcy

by accentu8 | Sep 17, 2013 | Technical Insights

In this issue: The operation of notices issued under section 139ZQ Bankruptcy Act considered Discussion of a recent decision highlighting the effective use of a section 139ZQ notice Reviewing the position where the validity of a section 139ZQ notice is being contested...
Insolvency, Company Directors and their Professional Advisors

Insolvency, Company Directors and their Professional Advisors

by accentu8 | Aug 29, 2013 | Technical Insights

In this issue Reviewing dealings of directors at a time when their company is experiencing financial difficulties External advisors becoming involved in such director dealings Significance of section 79 Corporations Act 2001 (Cth) Background Where a company is...
To wind-up or enter administration? Federal and State Court attitudes diverge.

To wind-up or enter administration? Federal and State Court attitudes diverge.

by accentu8 | Feb 26, 2013 | Technical Insights

In this issue: Administration may be preferable to liquidation Judicial attitudes to adjourning winding up applications can vary It pays to know what to expect Background Directors faced with a winding up application often cause their company to enter into...
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Logo Bri
  • Home
  • About Us
    • Our Story
    • Our Team
    • Work With Us
    • Locations
    • Specialisations
  • Locations
  • Services
    • Business Recovery & Turnaround
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    • Personal Insolvency
  • Resources
    • Insights
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  • Contact Us

Resources

  • Insights Blogs
  • Current Matters
  • Assets For Sale

What We Do

  • Business Recovery And Turnaround
  • Business Insolvency
  • Forensic Accounting
  • Personal Insolvency