ArticleThe power of 139ZQ notices in undervalued transactionsFailure to comply with a Section 139ZQ notice can attract a maximum criminal penalty of six months' imprisonment.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleDirector sentiment survey uncovers pessimistic outlookThe AICD survey is a snapshot of directors' views on the economy, business, regulation, governance and government policy.AustraliaCorporate/Commercial LawWorrells
ArticleNew identification requirements for company directors from 1 November 2021This new regime aims to better identify director involvement in unlawful activity, such as illegal phoenix activity.AustraliaCorporate/Commercial LawWorrells
ArticleUnderstanding Deeds of Company Arrangement (DOCAs): A guide for directorsA DOCA is a formal agreement between a company and its creditors, a blueprint for how to manage and satisfy its debts.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleAppropriate business structures & disaster recovery planningPrepare for the unexpected. High level overview of what should be considered in a business disaster recovery plan.AustraliaCorporate/Commercial LawWorrells
ArticleAdvisors unaware of risks in facilitating ATO repayment arrangementsEntering into an ATO payment arrangement will not mitigate any potential insolvent trading claim.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleAttacking family trusts in bankruptcyA bankruptcy trustee has several powers and options to claim against a typical family trust or otherwise recover funds.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleMembers voluntary liquidation (MVL) vs voluntary deregistrationWhile more expensive than voluntary registration, a MVL is a relatively inexpensive process that minimises risk.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleRisks of working for family in matters of insolvencyDiscusses risks including ineligible for FEG, limited priority, inadequate qualifications and director duties & liabilities.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleThe company car and the liquidator.Navigating a company liquidation is a process fraught with complexity. One of the most frequent points of contention is the recovery of company-owned assets.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleLitigation funding: an industry due to go under reviewAustralian Law Reform Commission is inquiring into class action proceedings and third party litigation funders.AustraliaLitigation, Mediation & ArbitrationWorrells
ArticleWhen ATO payment plans are personally guaranteedDirectors should proceed cautiously when negotiating a payment plan after a non-lockdown DPN has been issued. AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleInsolvency practitioners: Supporting mental health to achieve the best outcomeTraining & experience in managing the mental health impacts of insolvency situations is also key for insolvency professionals.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticlePeak Indebtedness Rule squashed for preference claimsWhat is the peak indebtedness rule? The PI rule is now abolished. Where to from here?AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticlePersonal ATO debt: what are the options?The Bankruptcy Act provides powerful tools for individuals to restructure their personal financial affairs.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleLicensed builders in Queensland: beware!As part of Qld building industry fairness reforms, new laws strengthen the minimum financial requirements for licensing.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleBanking Royal Commission fires up ASICASIC moved quickly to announce that it is committed to fully implement each of the 12 recommendations directed at it.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleFinancial misconduct victims finally find relief as Compensation Scheme of Last Resort (CSLR) arrivesParliament has passed legislation to establish the CSLR, with operations intended to commence in April 2024.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleInsolvency appointments remain depressedCorporate insolvency appointments have remained well below long-term averages through the first five months of 2021.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleGift certificates: Why they are great and when they are riskyKnow your rights is the issuer of a gift certificate becomes insolvent.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells