ArticleSaving businesses using a deed of company arrangementThis cultural shift in the market insists on salvaging value for all stakeholders of distressed companies.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleThe perils of contagion risk: can the failure of a Large Builder Developer Property Group (LBDPG) be isolated?This is the first article in a three-part series of articles on Large Builder Developer Property Group (LBDPG) risks.AustraliaReal Estate and ConstructionBRI Ferrier
ArticleLiquidators and the TGA – legislative and practical issuesThe main concern for external administrators of therapeutic goods companies is potential exposure to personal liability.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleSecond business interruption test case favours insurersThe case concerned the application and operation of policies of insurance for business interruption or interference.AustraliaCoronavirus (COVID-19)BRI Ferrier
ArticleOur take on residential pre-sales in AustraliaThis is the first in a 4-part series of articles on pre-sales in the Australian residential property development sector.AustraliaReal Estate and ConstructionBRI Ferrier
ArticleUnder section 561 Corporations Act, is the liquidator able to claim priority for remuneration, costs and expenses ahead of employee entitlements?This article discusses the extent that the provision allows encroachment on the rights of a circulating security holder.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
Articles588FF(3)(b) Corporations Act: Extending the time for bringing proceedings to set aside voidable transactionsDiscussion about discretion of court to extend time limitation under s588FF(3)(b) where it is fair & just in the circumstances.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleAre debts owed to the Tax Office special when it comes to the definition of insolvency?Genuinely disputed tax debts are still debts and should be taken into account in determining the company's solvency. AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleRestructuring RabbitRestructuring is the process of reorganising a company's affairs to a more manageable set of terms and obligations.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleThe bankrupt's right to recover and retain damages or compensation for personal injury or wrong done to the bankruptWe discuss the statutory framework and relevant case law.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleLeadership and the exponential organisationAnyone familiar with the attributes of exponential organisations will notice these attributes in successful businesses.AustraliaStrategyBRI Ferrier
ArticleUpdate: Director Penalty Notices (DPNs)Directors are responsible for ensuring that the company tax and super obligations are reported and paid on time.AustraliaTaxBRI Ferrier
ArticleThird party payments, voidable preferences and the Quistclose trustThe Rambaldi case considered Quistclose trusts, third party payments and preference recoveries in a bankruptcy context.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticlePre-sales analysis of the residential property development sector – where to from here?Property market conditions in the short to medium term will be challenging for developers, financiers and valuers.AustraliaReal Estate and ConstructionBRI Ferrier
ArticleNew rules for Members Voluntary LiquidationsLegislative changes impact the way that the liquidation process is conducted for both insolvent and solvent companies.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleFunding litigation for the company in liquidationThe insolvency industry is using commercial litigation funding well despite no specific express treatment in the Corporations Act. AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleSafe harbour: A potential lifeline for retail in the New YearRetailers facing financial distress can use these safe harbour laws in a strategic turnaround plan for the business.AustraliaInsolvency/Bankruptcy/Re-StructuringBRI Ferrier
ArticleThe obligation of the insolvency practitioner to act honourably and fairly in the administration of insolvent estatesReviewing the nature and scope of the rule in Ex parte James requiring fairness in administration of insolvent estates.AustraliaFamily and MatrimonialBRI Ferrier
ArticleThe Lexicon of Web3 NFTs and BlockchainThe NFT world is developing a lexicon which needs to be understood. Light hearted glossary of NFT terms provided here.AustraliaTechnologyBRI Ferrier
ArticleNavigating tax: A guide for Australian construction companiesWhat is taxable income? Tax rates. What is assessable income? Valuable resources for construction companies.AustraliaReal Estate and ConstructionBRI Ferrier