This article outlines the doctrine of subrogation, statutory recognition of the right of subrogation, a recent WA Supreme Court case, and considers the contrasts with the assignment of debt and/or securities.

Considerations for secured creditors with a claim against a company going through the SBR process.

Reducing the automatic discharge to a one-year bankruptcy could encourage entrepreneurs and stimulate economic growth.

As Australia faces potential recession risks from Middle East conflicts and rising fuel prices, businesses must reassess their strategies to survive economic turbulence. This analysis examines practical steps companies can take now—from reviewing profitability and staffing to managing working capital—to avoid restructuring or liquidation when economic conditions deteriorate.

In the post-COVID business world, now is the time for advisors and their clients to assess the viability of the business.

When the amnesty ends, businesses will have to apply for ordinary penalty remissions on a case-by-case basis.

DPNS, secured creditors, trusts and other complications discussed.

The laws seek to provide directors with an opportunity to explore restructuring opportunities for struggling companies.

Article highlights why directors should take steps to ensure that the company properly maintains & retains books & records.

A DIN will assist regulators and external administrators to investigate director involvement in illegal phoenix activity.

There are many issues that directors should still consider, including what potential financial exposure may exist.

In light of this recent ASIC prosecution, directors should consider the Corporations Act insolvent trading provisions.

The changing landscape of SBRs, why SBR acceptance rates are decreasing.

The threat and reality of insolvency is impacting the construction industry to a larger scale than other industries.

Recent decision provides option to avoid liquidation at least until SOP Act claims are realised.

Discusses how section 563B of the Corporations Act is enlivened regarding creditors and their right to interest.

Most people might think that poor economic conditions are the main reason for failure. However, based on liquidator data, the economic conditions cause only 8% of external administrator appointments, which leads to the question: what caused the other 92% of companies to fail?

Outlines the risks associated with taking up a board position especially in circumstances where the NFP ends up insolvent.

Getting proper insolvency advice early may be critical to achieving the best outcome for any distressed businesses.

Understand how the company was wound up and the role of the liquidator when dealing with assets.