Insolvency, Reconstruction & Debt Recovery Legal Alerts
Cooper Grace Ward regularly publishes alerts on a range of legal issues affecting our clients' businesses and industries. Please click on the links below to access our recent legal alerts. Relevant Legal Alerts also appear on our Services and Industries pages.
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It is not uncommon in shareholder disputes involving allegations of oppression under section 232 of the Corporations Act 2001 (Cth) for the aggrieved shareholder to seek to wind up the company as part of a wider...14 April 2010 , Categorised In: Corporate & Commercial, Insolvency, Reconstruction & Debt Recovery
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The New South Wales Supreme Court recently handed down a controversial decision which highlights the importance of keeping registered office details up to date and ensuring legal notices are brought to the attention of...12 March 2010 , Categorised In: Insolvency, Reconstruction & Debt Recovery, Litigation & Dispute Resolution
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On 19 January 2010, in response to perceptions of inflexibility in Australia’s corporate insolvency regime, Chris Bowen, the Minister for Financial Services, Superannuation and Corporate Law, announced a major...02 February 2010 , Categorised In: Corporate & Commercial, Insolvency, Reconstruction & Debt Recovery
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In a move designed to help directors better understand their statutory duty to prevent insolvent trading, ASIC last week released Consultation Paper 124 - Directors’ duty to prevent insolvent trading: Guide for...02 December 2009 , Categorised In: Corporate & Commercial, Corporate Governance & Compliance, Insolvency, Reconstruction & Debt Recovery
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A recent decision of the Chief Justice of Queensland illustrates how statutory demands can be set aside for what might seem to be relatively minor errors. In Rapcivic Contractors Pty Ltd v Mapol Industries Pty Ltd [2008...09 December 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
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If a company does not pay an amount claimed in a statutory demand within 21 days, the company is presumed to be insolvent. This presumption can be relied upon to wind the company up. A statutory demand can be set aside...17 October 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
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In Heesh v Baker [2008] NSWSC 711, the New South Wales Supreme Court considered whether the holders of redeemable preference shares could be “creditors” for the purposes of Part 5.3A of the Corporations Act...03 October 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
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Creditors are increasingly issuing statutory demands against a debtor company as a means of obtaining payment of outstanding debts of more than $2,000. A statutory demand is an effective tool in the armoury of a...29 July 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
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In the recent Qld Court of Appeal decision in Williams (as liquidator of Scholz Motor Group P/L (in liq) v Scholz & Anor (2008) QCA 94 the facts were uncontroversial but spectacular. A newly formed company...03 June 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
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In the case of Aussie Vic Plant Hire Pty Ltd v Esanda Finance Corporation Limited [2008] HCA 9, handed down on 26 March 2008, the High Court confirmed that Courts do not have the power to extend time for compliance with...02 April 2008 , Categorised In: Insolvency, Reconstruction & Debt Recovery
