Creditor-Defeating Dispositions – ASIC’s new administrative powers
To combat illegal phoenixing activity, ASIC has been granted increased powers which give the regulator the ability to make orders…
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21 Days until Midnight
Introduction It was long expected that debt collection activities would sharply increase as COVID-19 and the associated payment relief schemes…
Serving a Bankruptcy Notice via Email
A recent Federal Court judgment has tested the validity of service of bankruptcy notices via email. On 1 April 2021…
Case Note – High Court Confirms That “Peak Indebtedness Rule” Is Not Part Of Australian Law
The High Court of Australia has dismissed an appeal and cross-appeal from the decision of the Full Court of the…
Case Note – High Court Confirms Set-Off Not Available For Liability To Disgorge Unfair Preference Payment
The High Court of Australia has dismissed an appeal from the decision of the Full Court of the Federal Court…
High Court widens ability to compulsorily examine company directors by ‘eligible applicants’
On 16 February 2022, the High Court allowed an appeal from a judgment of the Court of Appeal of the…