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Insolvency middlemen: How to find out whether you’re speaking to a professional or a pretender 10 May 2012 | 07:55 pm
After our last post, we received a number of emails asking for tips on steering clear of insolvency middlemen. Just to recap, an insolvency middleman is a person or firm that holds themselves out as b...
Beware of insolvency middlemen! 2 May 2012 | 06:30 pm
Right now, corporate and personal insolvencies are occurring in record numbers. Sadly, the number of unscrupulous “insolvency professionals” entering the market is keeping pace. Our insolvency lawye...
Dissolving a partnership by Court order 10 Aug 2011 | 01:11 pm
If you are involved in a partnership dispute or are considering the dissolution of a business partnership, the Partnership Act provides a number of grounds to go to Court and seek an order for the win...
Setting aside a statutory demand: Genuine dispute 9 Aug 2011 | 05:01 pm
In an earlier post, we discussed how long you have to make an application to set aside a statutory demand. In this post, we look at one of the grounds for setting aside a statutory demand, namely a “...
Succession and dying without a will 22 Jul 2011 | 01:35 pm
When a person dies without a will or with a will that does not effectively dispose of their property, it is known as dying intestate. The laws of intestacy provide for the distribution of intestate e...
Enduring guardianship and advance health care directives 12 Jul 2011 | 06:06 pm
In an earlier post we discussed enduring powers of attorney and their importance in an overall business succession plan. In this post, we will deal with another document that should form part of ever...
Corporate insolvency update: Director Penalty Notice changes 6 Jul 2011 | 03:38 pm
In an earlier post we raised the possibility of changes to the law concerning Director Penalty Notices. The Treasury released its exposure draft of the proposed legislation for public consultation la...
Enduring power of attorney and business succession 5 Jul 2011 | 05:19 pm
The July 2011 issue of the Institute of Chartered Accountants’ Charter Magazine dealt with a number of business succession planning matters. In the next few posts, we’re going to look at some legal d...
Cross Border Insolvency: Access to Australian Courts under the Bankruptcy Act 30 Jun 2011 | 04:41 pm
In an earlier post we discussed the requirement for Australian Courts to act in aid of or auxiliary to the corporate insolvency Courts of certain foreign jurisdictions. That is a stand alone obligati...
A recent mention in the Australian Insolvency Journal 10 Jun 2011 | 04:32 pm
One of our recent cases earned a mention in the Australian Insolvency Journal. The article is extracted below: “SELLING DESIGNS AND PATENTS FOR COFFEE CUPS AND LIDS A receiver’s sale of intellectua...