Insolvency, Credit Management and Debt Recovery

Do you actually have a registerable interest? – the PPSR and consequences of improper lodgements.

Posted on February 15, 2024

The introduction of the Personal Property Securities Register (PPSR) in 2009 has been the source of much confusion for its users over the…

Continue reading

Insolvent trading claims and the pitfalls of inadequate particulars!

Posted on January 20, 2023

Liquidators often face a similar conundrum: how do you prove an insolvent trading claim when you don’t have any books and records? The…

Continue reading

Statutory demand technicalities – the Graywinter principle strikes again!

Posted on January 16, 2023

The recent decision in K2M Investments Pty Ltd v Unita (Qld) Pty Ltd [2022] QSC 274 is a timely reminder that technicalities and timing…

Continue reading

When is a company insolvent? A recent overview of insolvency principles in Westgem Investments Pty Ltd v CBA [2022] WASCA 132

Posted on December 02, 2022

In a recent decision delivered by the Court of Appeal in the Supreme Court of Western Australia, Murphy JA revisited the statutory…

Continue reading

Tips for Successful Fee Collection

Posted on September 15, 2022

Fee collection can be hard work! Making that call can be nerve wracking at times and not knowing what response you will receive can make…

Continue reading

Correcting defective PPSA registrations: Commonwealth Bank of Australia v HM Aircraft Holdings Pty Ltd [2021] FCA 447

Posted on September 20, 2021

The facts HM Aircraft Holdings Pty Ltd (HM Aircraft), operates a regional Australian airline. The Commonwealth Bank of Australia (CBA)…

Continue reading

Service of statutory demands – have the goal posts shifted?

Posted on August 05, 2021

Statutory demands, when used correctly, are an important tool to recover outstanding debts. Over the years, when it came to service, strict…

Continue reading

LCM: Considering the interaction between the Harman undertaking and assigned actions

Posted on May 12, 2021

In the recent decision of LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd (In Liq)[1] (LCM), the Federal Court of Australia…

Continue reading

Onthego: a timely reminder about service of statutory demands

Posted on April 19, 2021

The recent decision of Intelogent Pty Ltd v Onthego Group Pty Ltd [2021] FCA 257 has provided useful discussion about service of statutory…

Continue reading

Delaying the inevitable? – temporary insolvency relief extended to 2021

Posted on September 09, 2020

In March this year, the Australian Government implemented new measures to assist financially distressed businesses and individuals to…

Continue reading