Secured creditors should remember that submitting a proof of debt and voting in a liquidation may result in the loss of their security if they get it wrong.
There are dangers in contributing part of the purchase price and not being recorded as a registered owner on the title
Secured creditor recovers payment of statutory employee entitlements from liquidator in priority to unsecured creditors
Failing to comply with a statutory demand could result in a company being wound up.
Liquidators are commonly appointed to a company where, prior to liquidation the company was a trustee of a trust. Often when the liquidators are appointed, the company has ceased to be the trustee and a replacement trustee has not been appointed.
In the recent High Court case of Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15, a secured creditor was unsuccessful in challenging a liquidator’s lien over funds recovered through legal proceedings.
The Queensland Government has recently introduced key changes to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) that will have a big impact on all players within the construction industry.
On 20 December 2013, the Queensland Court of Appeal reversed its decision that work carried out on land subject to a mining lease was not ‘construction work’ under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).
The High Court of Australia has provided important guidance for companies advertising their services to the public in holding that TPG had engaged in misleading and deceptive conduct and had made false or misleading representations in advertisements for its ADSL2+ broadband services.
With the overwhelming popularity of social networking sites such as Facebook, MySpace, LinkedIn and Twitter as methods of communication and connection – both socially and within the business community – it is not surprising that social media is now being considered by the courts in the context of service of
The Queensland Building Services Authority Amendment Act 2013 (Act) took effect on 29 August 2013.
When liquidators are appointed to a company, unsecured creditors often don’t take much of an interest in the liquidation process, immediately assuming all is lost.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.