Blog

Ordinarily, a contract needs to be performed. Sometimes external factors such as a public health crisis (e.g. Covid-19) may lead to questions about the enforceability of contracts where there is a force majeure clause. This article discusses the basics.

When a creditor lodges a proof of debt with the liquidator it is possible the liquidator will reject some portion of the claim or the claim in its entirety. Litigant may be able to assist by either negotiating between the creditor and the liquidator (whether by acting for one or the other), or by assisting the creditor (or liquidator) in respect of any application made to the court regarding a rejected proof of debt. 

In some cases, such as in the insolvency context, it is necessary for a secured creditor to appoint a receiver over the assets (the subject of a security) because there has been a default under the security instrument. More seldom, the receiver is appointed where it appears the assets of the company may be placed in jeopardy.

When a company is placed into liquidation (aka a winding up order was made) then there may be a range of applications that take place as the affairs of the company are being brought to a close so as to realise assets, pay debts and if possible pay a dividend to creditors. Some of these applications are made to enlist the help of the court’s supervisory powers (i.e. supervisory) whilst others are made to bump up the amount of property available for creditors (i.e. increase assets).

A basic guide to winding up a company due to presumed insolvency as a result of non-compliance with a statutory demand.

Caveats are statutory injunctions that restrain dealings on property for brief periods of time so that legal rights can be exercised. Caveat disputes arise in a number of contexts and typically on an application to remove (a.k.a. withdraw) or extend the caveat.

Joint ventures and partnerships do not always work out. When trouble strikes it is worth knowing your options and being able to act quickly to end it all fairly and protect assets along the way.

A recipient of a statutory demand generally has 21 days to set it aside. During Covid-19, a longer and temporary period applies so that there will be 6 months to set it aside. Acting quickly is key otherwise the failure to respond can be used to prove the debtor company is insolvent

A basic introduction on what it involved in appointing a provisional liquidator and why and when it is done.

Here is a basic guide on how a statutory demand may be used for debt collection. We help only help with larger debts of $100,000 (or more).