Insolvency

More online troubles for traditional retail: landlords beware

I wrote a post a month or so ago about the effect of online sales on…
Jumping the gun – application to wind up before demand expires invalid

This might sound obvious, but an interesting recent case confirms, for Victoria at least, that a…
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…
What effect are online sales having on retail property?

Another question that I pondered over fish and chips at the beach these holidays was the…
China and the Australian Insolvency Market (Updated)

UPDATE: Some evidence of what a (slight) slowdown in urbanising China might have on the Australian…
The Relation Back Day can be manipulated by a prior VA appointment – Reform still required

Liquidators, creditors and directors are very conscious of the “Relation Back Day” in liquidation. It is…
Bankruptcy pitfall – joint judgment creditors must enforce together

The recent decision in Rookharp Pty Ltd v Webb & Anor [2011] FMCA 801 (at paragraphs…