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The Corporate and Markets Advisory Committee (CAMAC) report released on 29 January 2009 maintains the rights of aggrieved shareholders seeking to claim against insolvent companies.

The Court of Appeal held that any prospect of debt recovery was speculative and did not justify termination of the DOCA.

Using a deed of company arrangement as part of a company restructure is a way to assist organisations to stay afloat.

A recent decision of the Supreme Court of New South Wales has clarified whether redeemable preference shareholders of a company under administration hold their rights against the company as creditors, or as shareholders.

Facts and Implications of the US Bankruptcy Court decision between Lehman Brothers entities and BNY.

The ATO is targeting lump sum payments by medical practitioners, asking the question, "what is the payment truly for?"

The Australian Government announced the proposed introduction of the RSPT, a tax on the 'super profits' associated with the extraction of non-renewable resources.

The Australian Tax Office (ATO) is using an innovative legal weapon against "phoenix" companies. By winding a pheonix company up while still solvent, this tactic may help to prevent the transfer of assets out of the company.

In Parkview Constructions Pty Ltd v Tayeh, Justice Barrett expressed concern about a deed of company arrangement which involved a creditors' trust.

Franchising continues to be an extremely popular business model in a range of different industries in Australia. The Franchise Council of Australia estimates that there are over 1000 franchise systems and over 70 000 franchise units in Australia.

A well-executed forensic audit offers a thorough investigation into an allegation or area of concern in an organisation.

Anyone who has been involved in Adjudication under the various Security of Payments Acts will tell you that the time limits make it far easier to apply than to respond.

A forensic accountant typically analyses accounting or financial data in a dispute or investigation context to investigate or quantify a financial issue.

‘Hot’ property markets in a number of states have bought the issue of the calculation of taxable profits into focus.

On 11 May 2011, the ATO issued draft Ruling TR 2011/D2 (Draft Ruling) and a Decision Impact Statement (Decision Impact Statement) setting out their views in relation to the Aid/Watch case

If you are negotiating or drafting a contract, the way you draft clauses may have a material impact on year-end accounts.