In today’s competitive lending environment, securing priority for future advances is more than a technical exercise - it’s a strategic imperative. The concept of tacking, long governed by common law,...
Lately, there seems to be a few more receivership appointments about than in recent years. Given the current economic outlook and the heightened financial pressure faced by businesses, we expect...
The Federal Court's recent decision in Stone (Liquidator), in the matter of RIC Admin Pty Ltd (in liq) v Mandalinic (No 2) [2024] FCA 164 demonstrates the analysis the courts...
A reminder of the crucial role that compelling evidence plays in rebutting a presumption of insolvency.
This judgment highlights the supervisory role to be played by the courts to ensure that a deed of company arrangement (DOCA) is for a proper purpose.
This Federal Court decision highlights an interesting and practical solution for former directors who receive a director penalty notice after their directorship has ended.
An inquiry has determined that Australia's insolvency regime is not fit for purpose and requires major reform.
The High Court's decisions in Metal Manufacturers Pty Limited v Morton [2023] HCA 1 and in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 provide a win for...
The High Court of Australia has provided some useful guidance that will assist credit managers in navigating their roles and in dealing with liquidators demanding repayment of alleged unfair preferences.
An insolvent trading claim was dismissed by the NSW Supreme Court when a creditor was unable to prove that a company was insolvent at the time it incurred its debts.
Lander & Rogers acted for the winning trustees in bankruptcy in Jess v McNiven, in the matter of McNiven (No2) [2022] FCA 446.
A search warrant is a powerful tool for a liquidator to hold, particularly with the expected insolvencies that will arise as Australia emerges from the COVID-19 pandemic and associated lockdowns.
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