Commercial

On 12 July 2023, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) released a comprehensive report on corporate insolvency in Australia. This report made 28 recommendations focused on addressing various issues in the current Australian corporate insolvency space and raised some issues in the personal insolvency sector. The…

Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd FCA 436 Statutory demands and applications to set aside a statutory demand may be served by email, however this manner of service is fraught with danger.  The requirements for effective service are more complicated and the onus for…

As more companies circle the drain in an increasingly uncertain economic environment, it is timely to review recent developments in unfair preference claims brought by liquidators against creditors. In the recent decision of Bryant & Ors v Badenoch Integrated Logging Pty Ltd HCA 2 (Gunns), the High Court confirmed the…

Once a company has stopped trading, directors can wind up its affairs through either a members’ voluntary winding up or a deregistration.  This article explains each process as well as their benefits and drawbacks. Members' voluntary winding up Overview of the process Voluntary winding ups commence when the shareholders of…