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Our legal experts will keep you up to date on all relevant and current developments.

Statutory Demands in the COVID-19 Era
Wednesday 13 May 2020 / by Shane Roberts & Sam Marsh posted in Commercial Recovery & Insolvency COVID-19

Recent legislative changes have been made by the federal government in response to the COVID-19 pandemic. Parts of these changes affect the Australian insolvency regimes, including the rules surrounding the issuing of statutory demands by creditors.

This article discusses the recent changes to statutory demands, and provides a timely recap of the important principles relating to statutory demands in Australia.


PPSA and COVID-19: Act Promptly in the Road Ahead!

With financially distressed businesses on the rise, secured parties must ensure that they have registered their security interests on the Personal Property Securities Register within time.  This is crucial in order to avoid losing the security altogether, if the borrower/grantor commences insolvency.


Significant Changes to Insolvency/Bankruptcy Regime
Monday 23 March 2020 / by Chris Hadley posted in Commercial Recovery & Insolvency COVID-19

In response to the impacts of COVID-19 on the economy, the Federal Government has introduced temporary changes to rules affecting insolvency and bankruptcy processes.


Proposed Legislation to Combat Illegal Phoenix Activity

Illegal phoenix activity involves the deliberate and systematic stripping and transferring of assets from one company to another company to avoid paying liabilities, such as tax or superannuation.  In these circumstances, the company directors strip out the cash and assets, liquidate the company and then re-commence the same or a similar business through a new corporate entity.


Ipso Facto Reforms and the Need to Review Contractual Terms Dealing with Insolvency
The Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) amended the Corporations Act 2001 (Cth) from 1 July 2018 to impose a prohibition on the enforcement of rights against a company including contractual termination rights arising on the occurrence of an insolvency event in relation to that company.

Saturday 23 June 2018 / by Shane Roberts and Sam Marsh posted in Business, Corporate & Commercial Commercial Recovery & Insolvency Health Aged Care & Life Sciences

First published in Governance Directions, the official journal of Governance Institute and updated for the Health Law Bulletin June 2018 edition.


Despite concerns raised by liquidators and experts locally and abroad, the Federal court has confirmed its view that a set-off under section 553C of the Corporations Act can be utilised in an unfair preference claim. 


Wednesday 6 December 2017 / by Shane Roberts and Sam Marsh posted in Banking & Finance Business, Corporate & Commercial Commercial Recovery & Insolvency Franchising & Retail

Key Takeaways:

  • Insolvency legislation to create a safe harbour for directors from insolvent trading claims in certain circumstances has received royal assent.
  • A director will be entitled to claim the protection of the safe harbour upon developing a course of action reasonably likely to lead to a better outcome.
  • To utilise the safe harbour, a director should seek timely advice from an appropriately qualified professional.

Congratulations to our CFO, Magdalena Kosior-Molloy who has been selected as a finalist for the CFO of the Year award in the 2017 Executive of the Year awards. 


Thursday 10 August 2017 / by Holman Webb posted in Commercial Recovery & Insolvency

We have an opening for a lawyer to join our Commercial Recovery & Insolvency team. This position is ideally suited to someone around 3 years’ post admission experience in commercial litigation, with some exposure to recovery and insolvency work.


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