Legal News & Insights
Federal Court assists Administrators to address logistical difficulties, and extends personal liability protection during COVID-19 pandemic
Federal Court extends administrators’ personal liability protection and makes orders for electronic notices and meetings due to COVID-19 restrictions
Businesses are vulnerable to fraud during the COVID-19 crisis
COVID-19 has created motive and opportunity for business fraud to occur. Find out how to guard your business and what legal remedies are available for victims
Can administrators avoid personal liability during the COVID-19 crisis?
The Federal Court grants administrators an extension of time to explore options for retail business in this fast-changing COVID-19 era, and therefore avoid personal liability
Will COVID-19 affect the time limit to issue a legal claim?
Despite scaled-back court services, the statutory limitation periods for legal claims remain unchanged
Things to consider if your business has finance, or is looking for finance or is looking at a debt restructure exercise
COVID-19 has resulted in significant business disruption, and many companies are considering some form of restructure including as to their debt. In thinking about your debt structure, including the opportunity to potentially access new funding, keep these points in mind (whether or not you are looking for funding now).
Unfair Preferences: the recent shield given to directors against personal liability for insolvent trading may not protect creditors from clawbacks
If your company cannot dock in a safe harbour, in a voluntary administration the administrators may consider a ‘holding DOCA’ to buy more time to develop proposals for restructuring or resuscitation of the company.
Holding DOCAs: to buy more time to resuscitate a company struggling financially; an alternative to Safe Harbour may be found in the Mighty River
If your company cannot dock in a safe harbour, in a voluntary administration the administrators may consider a ‘holding DOCA’ to buy more time to develop proposals for restructuring or resuscitation of the company.
The Federal Government’s Economic Response to COVID-19 and the Safe Harbour Regime
Australian governments have put in place certain measures and recommendations with a view to containing the spread of coronavirus. These measures, which are likely to continue for some time, will affect many small, medium and large sized businesses.
Liquidators, Winding-up and Public Examinations: Important NSW Supreme Court Decision Connects the Dots
This is an important case for liquidators, company directors and those who have been served with a summons for public examination.
Who is a Company Officer? High Court’s Landmark Decision
The question of who is an officer of an entity is an important matter to understand. The law imposes duties and responsibilities on directors and officers who may, for example, be exposed to criminal liability, liability for breach of duty, or claims for insolvent trading.
How to Use Specific Performance to Protect Your Commercial Interests After Breach of Contract
After a breach of contract, can you force another party to perform their contractual obligations?
Passing Off, Misleading or Deceptive Conduct and the Use of Stock Images
If another person has used your image, logo or other property, creating the impression they are associated with you, you might have a claim for misleading or deceptive conduct or passing off.