ArticleShould Australian businesses start worrying now about the cost of debt?Management should prepare now for an increase in debt costs to avoid any negative impact on their business operations.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleTaxation Administration Act: director penalty noticesATO is frequently using their powers to issue DPNs to directors who fail to comply with certain tax obligations. .AustraliaTaxBRI Ferrier
ArticleATO collection powers for debt recovery - garnishee notices, statutory demands, bankruptcy noticesNon-payment of debts by the taxpayer may result in liquidation or bankruptcy, once proceedings are issued by the ATO.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleThe inevitability of evolution, after COVID-19Commonwealth and State undertakings designed to keep the economy alive will need to be amended to get it growing again.AustraliaCoronavirus (COVID-19)BRI Ferrier
ArticleActing on M&A opportunities emerging as a result of the coronavirusFour tips for optimising a successful acquisition during this period of heightened volatility and uncertainty.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleSafe harbour and ipso facto clause reforms in corporate insolvency laws: a safe harbour or a pirate cove?The new legislation aims to promote a culture of entrepreneurship and a reduction in the stigma around company failure.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleCOVID-19 business interruption: test case updatejudgments handed down in the COVID-19 business interruption test cases have been the Gifts that Keep on Giving.AustraliaInsuranceBRI Ferrier
ArticleDirectors owe a duty to exercise reasonable care and diligence to prevent the harm breaches of the law may involveThe decision provides clarity on the concept of material prejudice in the context of s254T(c) of the Corporations Act.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleWhat is an account of profits?All about the equitable remedy, an account of profits including matters requiring an account of profits.AustraliaIntellectual PropertyBRI Ferrier
ArticleWhat is an award of damages?A plaintiff may seek an award for damages after suffering economic loss from the complained conduct of another party.AustraliaLitigation, Mediation & ArbitrationBRI Ferrier
ArticleDirectors duties and restructuring options for charities and Not for Profits in the COVID-19 eraAdvice for charities struggling in this pandemic including a discussion about temporary safe harbour provisions.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleFinancial information management – the key to business survivalSince 2005 financial year, ASIC has tracked the most common causes of business failure.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleWhats normal to the spider is chaos to the fly…ATO measures to manage escalating tax debtIn this article, we discuss the ATO's recent changes and the implications for small and medium-sized enterprises (SMEs).AustraliaTaxBRI Ferrier
ArticleWhat is a loss of opportunity?What is a loss of opportunity? Includes advice of proving loss of opportunity & quantifying it.AustraliaLitigation, Mediation & ArbitrationBRI Ferrier
ArticleCompulsory divesting of shares under a deed of company arrangementDivesting shares for no consideration under a DOCA does appear to be a drastic measure for a deed administrator to adopt.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleTime to act - Director Identification Number (DIN)The DIN system aims to reduce the risks of fraudulent or illegal phoenix activity, so all company directors need a DIN.AustraliaCorporate/Commercial LawBRI Ferrier
ArticlePersonal Property Securities Act: Part 2 – Case studiesIn this article, we highlight some of the most interesting cases we have been involved in that relate to the PPSA.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleCorporate health group uses Deed of Company Arrangement to get its own fitness back on trackThe DOCA provided a distribution to unsecured creditors, met all employee entitlements and paid out high-interest loans.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleFTX – New world technology - Old world reasons for failureJohn Ray identifies reasons for the FTX group's failures & discusses the lessons to be learnt from this failure.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleUnderstanding Members' Voluntary Liquidations: An exit strategyMVL can be a structured and cost-effective pathway to dissolve a solvent company, maximising returns to its shareholders.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier