Who can I sue? Knowing assistants to a breach of fiduciary duty
Look to third party knowing assistants for recovery if you have a claim for breach of fiduciary duty
Do you have a claim against your bank in respect of your loan default?
Business borrowers might have a claim against their bank, and might be able to avoid enforcement action for their loan default
Can distressed retailers get rent relief for longer?
Retailers, and administrators helping distressed retail businesses, will welcome the recent decision of the NSW Supreme Court to offer further rent relief under the COVID-19 Leasing Regime.
Limits to the public examination summons – Arrium v Walton
Arrium v Walton illustrates the limits of the public examination summons and regime under the Corporations Act
Rent as a voluntary administration expense during a ‘standstill period’ takes priority
The PAS Group decision reaffirms the principle that rent incurred during the administration period takes priority in the winding-up payment waterfall
Debt recovery: full force of statutory demands and winding-up petitions to resume – is your company ready?
This article looks at how statutory demands, coupled with the threat of winding-up proceedings, can be used as a debt recovery tool to get paid.
Government support for business ends: directors’ personal liability for insolvent trading to resume
Why you need a business survival plan before Government support for business ends
What should businesses do before JobKeeper ends?
If JobKeeper is keeping your business afloat, do you have a plan for when JobKeeper ends?
Directors’ Duties: what are they?
Directors’ duties. What are they? How has COVID-19, coronavirus, affected them? What duties still apply?
What are Director Penalty Notices, and how do they impact the personal liability of company directors?
Company directors must be careful to avoid personal liability, especially in issues concerning taxation and superannuation