Insolvency in the construction industry

An undischarged bankrupt faces strict legal obligations including cooperating with trustees, disclosing all property and financial changes, and obtaining consent before international travel. What are the criminal penalties for breaching these restrictions, and how can early disclosure and proper legal advice help navigate trustee negotiations more effectively than denial or delay?

Much of the discussion around AI has focused on the opportunities it creates. Increased productivity, reduced costs, better customer experiences and faster decision-making are all compelling reasons for businesses to embrace the technology.

Under Australia's bankruptcy system, there is no limit on how much income a bankrupt person can earn, though they may be required to make compulsory contributions if their after-tax income exceeds statutory thresholds. This article examines how income contribution calculations work, what thresholds apply based on the number of dependants, and why the system balances creditor interests with maintaining a reasonable standard of living for bankrupt individuals.

A statutory demand is one of the fastest and most powerful tools for recovering undisputed debts from Australian companies, engaging insolvency provisions that give debtors just 21 days to respond. While it creates significant commercial pressure that often leads to payment or negotiated resolution, it must be used carefully for genuinely undisputed debts to avoid being set aside and incurring adverse costs.

Trust structures can protect assets held for others, but they do not shield a bankrupt person's own entitlements, trustee indemnity rights, or transfers made to defeat creditors. The deed, financial records and transaction history determine whether trust property remains outside the bankruptcy estate or becomes available to creditors through beneficial interests, indemnity claims, or voidable transaction recovery.

A Federal Court decision examines whether liquidators can rely on accounting entries alone to pursue debt recovery, or whether suspicious book entries require stronger evidence to overcome a nil balance shown in company records. The case highlights critical evidentiary thresholds for insolvency practitioners when challenging transactions made shortly before liquidation.

Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.

When a creditor seeks to make an individual bankrupt through a sequestration order, the process involves strict statutory requirements including judgment thresholds, bankruptcy notices, and court scrutiny. Understanding the procedural steps, potential defects, and strategic alternatives is essential for both creditors pursuing debt recovery and debtors facing insolvency proceedings.

Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.

Small business restructuring under Part 5.3B of the Corporations Act 2001 offers eligible insolvent companies with liabilities under $1 million a streamlined path to propose creditor compromises...

The Australian Government has released draft legislation proposing to ban non-compete clauses for workers earning below the Fair Work Act high-income threshold, currently $190,100 per year. The reforms are not yet law and are intended to commence in 2027, subject to legislation passing Parliament.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.

New Australian foreign investment rules came into force on 1 December 2015 f.

The Coalition has proposed an increase in penalties payable by directors commensurate with increases for union officials.

Special Counsel, Lucy Ferreira discusses the importance of managing digital assets.

Discusses interest on late payments to the ATO & what your options are for reduction.

Court held it is no longer appropriate to notionally add back property to the asset pool.

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.

These amendments propose to permit access to retained data in national security and serious criminal investigations.

Western Australian local governments face new obligations under the Privacy and Responsible Information Sharing Act 2024, which introduces Information Privacy Principles and mandatory serious data-breach reporting. How should councils prepare their governance frameworks, policies, and incident-response capabilities to meet these requirements by the July 2026 and January 2027 deadlines?