Category

Insolvency

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…
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…
Using DOCAS To Preserve SOPA Claims In Administrations? CommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…
Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies CommercialInsolvency
15 August, 2023

Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies

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…