Mark McKillop
-
High Court decision gives broad reading of officeholders’ statutory duty of care and diligence
The High Court delivered judgment today in ASIC’s regarding the directors of James Hardie Industries Ltd…
-
Unit Trusts can expose personal assets in bankruptcy
Most business people know that they should shelter their assets by keeping them out of their…
-
Warning: a statutory demand for part of a debt will be set aside
Imagine this very common scenario. Before attempting to recover a debt, a creditor learns of circumstances…
-
Warning to lawyers and creditors serving Bankruptcy Notices: No direct evidence of posting? No effective service.
This is a warning to creditors (and lawyers acting for them) who don’t have direct evidence…
-
More online troubles for traditional retail: landlords beware
I wrote a post a month or so ago about the effect of online sales on…
-
Liquidator’s or Receiver’s lien may be at risk under PPSA in some circumstances
Most commentators, relying on s73 (link) of the Personal Property Securities Act 2009, state that liens…
-
Bankruptcy Notices can be served by email
One of the first posts on this blog dealt with establishing service of documents by email,…
-
Proposed Law on Phoenix Activity Falls Flat
Proposed legislation to attack directors of companies involved in so called “Phoenix” activity appears to have…
-
Insolvencies in Australia Updated: No mines? No growth!
Update: The December quarter national accounts were released today, reinforcing the trends noted in the second…
-
What can creditors do if the “Official Receiver” is the trustee in bankruptcy?
I’ve recently had a number of clients ask me questions about the Official Receiver as a…
-
ATO beaten by trust liquidator in priority battle – twice!
The Commissioner of Taxation is the most common unsecured creditor in insolvent estates and often the…
Mark McKillop Barrister 