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Insolvency

When does a company “incur” a tax debt for the purposes of a claim under section 588G? CommercialInsolvency
14 May, 2024

When does a company “incur” a tax debt for the purposes of a claim under section 588G?

Section 588G of the Corporations Act 2001 (Cth) imposes a positive duty on company directors to stop a company they control from incurring a debt once it has become insolvent. Insolvent trading claims often constitute one of the easiest recoveries available in liquidation. Complexities however can arise when considering when…
Victoria Caldwell
Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands CommercialConstructionInsolvencySecurity of Payments
5 April, 2024

Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands

Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount? Knowing how to enforce SOPA debts is essential for construction industry participants who want to exercise their right to receive progress payment. Two potentially powerful options available to claimants are…
Victoria Caldwell
Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions CommercialInsolvencyProperty & Projects
15 March, 2024

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

Case note - Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 (Cooper), shed light…
Victoria Caldwell