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Do you know what a creditors statutory demand is? Has your company ever received such a demand?   In terms of Section 459C(2)(a) of the Corporations Act  (“the Act”) a company is presumed to [...]

“Caveat Emptor” “Let The Buyer Beware” Why You Should Always Get Legal Advice Before Signing A Contract to buy Property   The legal phrase “Caveat Emptor” means “Let The Buyer Beware”. In other [...]

WHAT IS BANKRUPTCY? Bankruptcy is best described as a legal process where a trustee is appointed to administer an insolvent person’s affairs to provide a fair distribution of that person’s assets [...]

Put simply trustees of bankrupt estate collect and sell the assets of the bankrupt and distribute the proceeds to the bankrupt’s creditors. The Bankruptcy Act defines “divisible” assets (those [...]

In terms of Section 459C(2)(a) of the Corporations Act a company is presumed to be insolvent where it fails to comply with a Creditor’s Statutory Demand (“a Demand”) in terms of Section 459(F) of [...]

CAVEATS – AN EFFECTIVE WEAPON – WHEN AND HOW TO USE THEM TO YOUR ADVANTAGE A caveat operates like an injunction. A caveat may be lodged by a person holding a legal or equitable interest in land. [...]

COMPANIES – WINDING UP – SECTION 459F CREDITORS’ STATUTORY DEMANDS Where a debtor is a company incorporated under the provisions of the Corporations Act 2001 (“the Act”) a creditor is in certain [...]

The Australian Government provides financial assistance to cover certain unpaid employment entitlements to eligible employees who have lost their job due to the liquidation (if a company) or [...]

A Bankrupt is entitled to be employed and earn income during his/her bankruptcy. However the Bankruptcy Act provides that a Bankrupt should also pay contributions to his/her Trustee (Estate) from [...]

GENERAL OVERVIEW OF THE APPLICABLE LAW Defamation is the “catch all” phrase for remarks spoken or written (libel, slander) that hurt someone’s (personal) reputation. The term injurious falsehood [...]