Author Archives: mattd

Insolvency middlemen: How to find out whether you’re speaking to a professional or a pretender

After our last post, we received a number of emails asking for tips on steering clear of insolvency middlemen. Just to recap, an insolvency middleman is a person or firm that holds themselves out as being able to assist company … Continue reading

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Beware of insolvency middlemen!

Right now, corporate and personal insolvencies are occurring in record numbers.  Sadly, the number of unscrupulous “insolvency professionals” entering the market is keeping pace.  Our insolvency lawyers are seeing a number of new firms in the market that hold themselves … Continue reading

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Dissolving a partnership by Court order

If you are involved in a partnership dispute or are considering the dissolution of a business partnership, the Partnership Act provides a number of grounds to go to Court and seek an order for the winding up of a partnership. … Continue reading

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Setting aside a statutory demand: Genuine dispute

In an earlier post, we discussed how long you have to make an application to set aside a statutory demand.  In this post, we look at one of the grounds for setting aside a statutory demand, namely a “genuine dispute”. If … Continue reading

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Succession and dying without a will

When a person dies without a will or with a will that does not effectively dispose of their property, it is known as dying intestate.  The laws of intestacy provide for the distribution of intestate estates in a particular manner … Continue reading

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Enduring guardianship and advance health care directives

In an earlier post we discussed enduring powers of attorney and their importance in an overall business succession plan.  In this post, we will deal with another document that should form part of every personal succession strategy. What is an … Continue reading

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Corporate insolvency update: Director Penalty Notice changes

In an earlier post we raised the possibility of changes to the law concerning Director Penalty Notices.  The Treasury released its exposure draft of the proposed legislation for public consultation late yesterday.  The object of the legislation is to address … Continue reading

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Enduring power of attorney and business succession

The July 2011 issue of the Institute of Chartered Accountants’ Charter Magazine dealt with a number of business succession planning matters.  In the next few posts, we’re going to look at some legal documents that might help you with planning … Continue reading

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Cross Border Insolvency: Access to Australian Courts under the Bankruptcy Act

In an earlier post we discussed the requirement for Australian Courts to act in aid of or auxiliary to the corporate insolvency Courts of certain foreign jurisdictions.  That is a stand alone obligation that operates outside the UNCITRAL Model Law … Continue reading

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A recent mention in the Australian Insolvency Journal

One of our recent cases earned a mention in the Australian Insolvency Journal.  The article is extracted below: “SELLING DESIGNS AND PATENTS FOR COFFEE CUPS AND LIDS A receiver’s sale of intellectual property – registered designs and patents for coffee … Continue reading

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