Category

Insolvency

Using Statutory Demands to Enforce SOPA Determinations CommercialInsolvencySecurity of Payments
2 July, 2025

Using Statutory Demands to Enforce SOPA Determinations

A Cautionary Tale from Re Duke Ventures Wellington Street Pty Ltd VSC 75 Adjudication Determinations can be a very effective tool for contractors and subcontractors to receive interim payments for their works. One method of enforcing an Adjudication Determination is to serve a Statutory Demand. However, users should be aware…
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Time to change the appointment process of insolvency practitioners? CommercialInsolvency
31 January, 2025

Time to change the appointment process of insolvency practitioners?

The case of Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 3) FCA 1209 External administrators are often appointed through existing professional relationships between them and the applicants for appointment, or more accurately their solicitors. Does this practice put the duties of independence at risk?…
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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…
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