Unsecured creditors cannot claim a set-off against unfair preference claims under section 553C of the Corporations Act.

Creditors should also consider this case when obtaining payment, if their customers are suffering from insolvency issues.

CVL is a process where a company's directors and shareholders voluntarily wind up the company because it is unable to pay its debts (i.e., the company is insolvent).

Rising corporate insolvencies are expected to increase personal bankruptcies, highlighting the need to understand bankruptcy's consequences.

Business relationships, like personal relationships, thrive on a foundation of trust, respect, and mutual benefit.

Examines the typical situations we see where insolvency can affect your ability to obtain credit and / or finance.

Over the past 12 months, we've seen a clear shift in the insolvency and restructuring landscape—one that you need to keep front of mind heading into 2025–26.

A roundup of key Court cases and what they mean for stakeholders facing an insolvency situation.

The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.

Analysis of current retail and commercial leasing support and how it differs from those on offer in March/April 2020.

DPNS, secured creditors, trusts and other complications discussed.

Directors have 21 days after the date the DPN is issued to action a solution to avoid personal liability for tax debt.:

The key to having the best chance of receiving some financial support after the busfires is having open communication.

It is important that your clients understand what they are actually acquiring.

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.

Understanding these options are vital in understanding the liquidation process and advising clients.

The ATO has long held the power to also recover outstanding tax debts from third parties, via garnishee notices.

Uncertainties & financial pressures in the current business climate –eg ATO, politics, interest rates, business disputes etc.

The budgeting process is the time for NFPs to deal with any potential financial problems before they happen.