Bankruptcy & Insolvency

PPSA

Personal Property Security Register (PPSR) Protection

27.05.24

In the changing landscape of commercial transactions, the intricacies of security interests, as governed by the Personal Property Security Act (PPSA), continue to be a critical cornerstone of modern financing. Whether lending a few dollars to a friend or financing a significant business deal, registering security interests is your key to peace of mind. In this article, Litigation and Dispute Resolution Senior Associate Lachlan Boyle and Law Clerk Riley Hickey provide insights into protecting your financial interests in secured transactions because, in the world of commercial lending, it pays to be at the front of the line. Read More.

Tax Disputes

Tax Disputes Rising: ATO Sheds Light On 2023-2027 Strategies

19.09.23

The Australian Taxation Office (ATO) recently unveiled its Corporate Plan for 2023-2027, placing a magnifying glass over areas like small business tax, multinational tax performance, and more. Amid a rise in insolvencies, the ATO is vigorously pursuing overdue small business tax, with a noticeable shift from the leniency observed during the pandemic. Their message is unequivocal: "Pay up or pack up." This shift mandates a heightened vigilance from taxpayers. The risk of added scrutiny is real whether you're a landlord, work-from-home employee, or investor. It's an urgent call for individuals and businesses to reassess their tax strategies, seek expert counsel, and ensure full compliance to avoid dire consequences. Read More.

INSOLVENT TRADING

Dodging The Debt Dilemma: Ramsden Lawyers Illuminate Insolvent Trading

12.09.23

Dodging the Debt Dilemma: Ramsden Lawyers Illuminate Insolvent Trading" delves into the complexities of insolvent trading. Over recent months, with business insolvencies making headlines, the term 'insolvent trading' has become pivotal. Many remain unclear about its intricacies. This article, penned by experts at Ramsden Lawyers, unpacks the nuances of insolvency, highlighting the legal obligations directors face. From understanding balance sheets and cash flow tests to recognizing potential insolvency signs, the piece offers invaluable insights. Plus, it details possible defences against insolvent trading claims. Whether you're a director or stakeholder, this is your essential guide to navigating the maze of corporate insolvency. Read More.

Commercial Dispute

The Commercial Dispute Rise In Australia: A Deep Dive Into Metricon Homes' Crisis

17.08.23

Australia's leading home builder, Metricon Homes, stands on the brink of a financial crisis, with mounting concerns that it may join the likes of Privium, Condev, and Porter Davis Homes in recent industry collapse. Homeowners are reeling as the company has given them a harsh ultimatum: either face substantial price hikes for the remaining construction or forgo their deposits. This results from rising inflation, labour and material costs, and global supply constraints. Shockingly, some face an extra $266,000 under a new contract. Amidst these upheavals, the NSW Fair Trading has initiated an investigation following a surge in customer grievances. This has given rise to speculations about Metricon's potential insolvency, with dispute lawyers gearing up to intervene. Read More.

voluntary administration

Digging Into Disaster: Aerison's Quality Of Work Dispute With Roy Hill And The Collapse Into Voluntary Administration

07.08.23

Aerison's recent voluntary administration, spurred by a $47.5 million commercial dispute with Roy Hill's iron ore mine, unveils the complex dynamics of mining industry commercial relationships. With over 250 jobs at risk and an intricate web of negotiations, COVID-19 pandemic challenges, and legal procedures, the mining giant's fall casts a shadow on corporate insolvency options. The Aerison-Roy Hill case is a cautionary tale, underscoring the fragility and potential pitfalls in today's rapidly deteriorating commercial environment. Read More.

Insolvencies

In The Red: Decoding Australia's Sudden Surge In Corporate Insolvencies

14.07.23

With the number of insolvencies reaching unprecedented all-time highs, now is the time to assess your business’s financial position. This article guides you through the current economic climate of corporate Australia and what you can do to safeguard your business’s future. Read More.

Global Financial Crisis

Ground-Hog Day? The Next Global Financial Crisis

05.05.23

The recent collapse of major banks like Silicon Valley Bank, Signature Bank, and Credit Suisse has created a crisis in the global banking sector. This situation has far-reaching implications for the financial system, causing investors to brace for share market turmoil and international fallout. Despite policymakers' reassurances, ambiguity and uncertainty remain, calling into question tighter banking restrictions implemented after the 2008 Global Financial Crisis. The Council of Financial Regulators in Australia has advised that the Australian banking sector is well-capitalized, but experts predict a weaker opening in the Australian share market. Businesses may need to consider insolvency options, and Ramsden Lawyers can provide expert legal advice to navigate these complex processes. Read More.

Bankruptcy Notice

Riches To Rags?

06.04.23

Have you been issued a bankruptcy notice? You may be running out of time. This article explores the bankruptcy process and what you must do if a notice has landed in your inbox. Read More.

Set-off defence

Set-Off Defence No Longer An Option In Unfair Preference Claims - High Court Puts The Debate To Rest

20.03.23

The High Court of Australia has put to rest a long-standing controversy in insolvency law by unanimously deciding that the defence of set-off cannot be used against an unfair preference claim under s 588FA of the Corporations Act 2001 (Cth). The decision was made on 8 February 2023 in Gavin Morton As Liquidator Of MJ Woodman Electrical Contractors Pty Ltd & Anor v Metal Manufacturers Pty Limited, and has significant implications for those working in the insolvency industry. Read More.

Scott's Refrigerated

Scott's Refrigerated Logistics: A Cold Reality For Over 1500 Workers

20.03.23

Scott's Refrigerated Logistics collapse puts over 1500 jobs at risk due to COVID-19 and recent floods affecting key routes in Queensland and New South Wales. Learn about the impact on workers and the search for a new long-term owner in this article. Read More.

Insolvency

Deliverwho? The Insolvency Insurgence

20.02.23

Is your business in financial trouble? This article guides you through the voluntary administration process and why it may be the best action for struggling businesses. Read More.

Bankruptcy

Bargaining Your Bankruptcy

11.01.23

Are you seeking to annul your bankruptcy? A Section 73 Proposal may be your solution. This article discusses the ins and outs of Section 73 Proposals and what can be done to assist you. Read More.