A collection of news and insights about our firm and developments in the law, finance and insolvency industries

  • How do you pick the right voluntary administrator?

    It is essential that directors pick a voluntary administrator who is hard working, ethical, and experienced. For the voluntary administration to be successful through a compromise, you’ll need a lot of skill and a little luck. The first step before appointing a voluntary administrator is for company directors to define what they want the process […]

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  • How do you choose the right liquidator?

    The company liquidation process (a creditor’s voluntary liquidation for insolvent companies) can be a long and winding road for company directors. While directors might get to appoint the liquidator, they don’t owe the directors or owners any legal duties, so it is best to pick an ethical and commercially-minded liquidator. If you pick a “salesman” […]

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  • How do you set up a discretionary trust to trade a business?

    A trust is a legally recognised relationship by which someone (trustee) holds property for the benefit of another (beneficiary). A discretionary trust is a type of trust which gives the trustee the power to decide which of the beneficiaries are to benefit from the trust, and to what extent – essentially, they have power over […]

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  • safe harbour

    Podcast on safe harbour from insolvent trading

    This podcast is a general introduction to the safe harbour from insolvent trading that is now available for company directors. It is particularly useful to directors of small-to-medium sized businesses looking for a general understanding of the new carve-out. In September 2017 a new safe harbour from insolvent trading was introduced to help company directors […]

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  • phoenix activity video interview

    What is phoenix activity and how does the law (attempt to) regulate it?

    There is currently no legal definition of phoenix activity in the Corporations Act 2001 (Cth) or any other relevant piece of legislation However, phoenix activity is generally understood to be the process of ‘rebirthing’ an enterprise by stripping an insolvent company of any remaining assets and transferring them into a new entity which is essentially […]

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