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
ArticleThe perils of contagion risk - Part 2: Does this model create a house of cards?This is the second article in a three-part series of articles on Large Builder Developer Property Group (LBDPG) risks.AustraliaReal Estate and ConstructionBRI Ferrier
ArticlePersonal Properties Securities Act: Protecting your business from creditorsPPSR registration is the easiest way of protecting and 'perfecting' your personal property.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleWhen an expert witness is not required in an insolvent trading claim – the case of Treloar Constructions v Brian McMillanA number of issues may prohibit the prosecution, or defence, of insolvent trading claims in the courts.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleRecent judgements again turn the spotlight on the expectations that the court has of independent expert witnessesThe over-arching duty of expert witnesses is to the Court, not the parties instructing them.AustraliaLitigation, Mediation & ArbitrationBRI Ferrier
ArticleEnterprise value v Equity value: explaining commonly misunderstood concepts in business valuationThe article explains the key difference between Enterprise value and Equity value, and how each value is relevant.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleShareholder disputes: when breaking up is hard to do [Part 1]The common causes of shareholder disputes and some tips for reducing the risk and scope of costly future disputes.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleThe pen is mightier than the sword – If you draft contracts rightThese tips mitigate the risk of dispute in the interpretation of accounting-related matters in contracts and agreements.AustraliaCorporate/Commercial LawBRI Ferrier
ArticleThe perils of contagion risk - Part 3: Risk mitigation strategiesRisk mitigation strategies are not an exact science, and should be designed and implemented on a case-by-case basis.AustraliaReal Estate and ConstructionBRI Ferrier
ArticleLiquidators becoming administrators: The supervisory role of the courtsCourts, through judicial discretion, supervise the proposed transition from winding up to a deed of company arrangement.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleInvalid appointment of administrators on grounds of improper motives of directorsThe appointment of an administrator may be terminated as a consequence of directors being motivated by improper purposes.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleJustifying a deed of company arrangement – Britax vs Infa ProductsBy a proper process, and a thorough investigation, the administrators reached a reasonable outcome for all creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleRisks grow as property developments growRigorous analysis of pre-sales risks is vital as residential property developments grow in cost, size and complexity.AustraliaReal Estate and ConstructionBRI Ferrier
ArticleCourt orders limiting the personal liability of administrators for debts arising in the course of administrationAdministrators seeking these orders need to satisfy the court that no disadvantage to creditors will be experienced.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleFunding the ongoing operations of a company under administrationIn order for a company under administration to continue operating, it is often necessary to arrange external funding.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleShareholder disputes [Part 2]: post-acquisition surprises (the kind you wont like)Post acquisition accounting disputes - how can you manage them. Warranties & indemnities. AustraliaCorporate/Commercial LawBRI Ferrier
ArticleSo, you have done a deal with the ATO to pay your company debt by instalments and you think the company is now solvent. Think again!Numerous payment arrangements between the company and the ATO will not change the tax debt from being due and payable.AustraliaTaxBRI Ferrier
ArticleYour Guide to Australian Bankruptcy in 2025Bankruptcy is a legal process that helps you regain financial control by releasing you from most of your debts. AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleTaxable income for construction companies: The pot of gold at the end of the rainbowThis article explores how construction companies may unlock hidden value in the form of a estimated income tax refund.AustraliaTaxBRI Ferrier