In 2021, following both state and national reviews, the Western Australian government introduced the Building and Construction Industry (Security of Payment) Act 2021 (WA).
In Joshan v Pizza Pan Group Pty Ltd, the New South Wales Court of Appeal has emphasised the importance of clearly drafted jurisdiction clauses in commercial contracts when it comes...
In a majority decision that will create consternation for media outlets and businesses operating social media pages, the High Court has dismissed appeals from the decision of the New South...
The Federal Government has hailed its recent Exposure Draft legislation to introduce a formal debt restructuring process for micro and small-to-medium companies as an adoption of US-style Chapter 11 bankruptcy...
The Federal Government is departing from the current 'one size fits all' approach in Australia's insolvency regime in anticipation of an insolvency tsunami caused by the COVID-19 crisis.
The Federal Government’s proposed 'insolvency reforms to support small business' are widely reported – the biggest headline being the adoption of a US-style 'debtor in possession' model.
In the last 24 hours, the Treasurer has announced the Federal Government's plans to significantly reform the insolvency regime for small businesses, with new laws to take effect from 1...
One of the little frustrations of practising as a corporate insolvency lawyer is when the media, mainly, misdescribe the type of insolvency mechanism being utilised by a company to manage...
In August 2020, we wrote about the approaching end to the Federal Government's moratorium on the initiating steps that a business can take to recover debt from another business through...
We believe some potentially difficult conversations have to happen among Australian business people over the next six weeks or so about debt, which will be critical to their business relationships...
We've all now heard about the expected post-September 'tsunami of debt', an 'avalanche of insolvencies' and the 'fiscal cliff'. Will it or won't it occur?
This week on Wednesday 12 September 2018, the High Court of Australia, by a majority judgment (3:2 Kiefel CJ, Edelman and Gaegler JJ concurring), handed down their decision in Mighty...