What Is an Unreasonable Director-Related Transaction?

What is an Unreasonable Director-Related Transaction?

Estimated reading time: 7 minutes

In this article we explain when a transaction might be voidable under that section, how these transactions differ from another type of voidable transaction, uncommercial transactions, and how liquidators pursue claims under this section.

What Is an Uncommercial Transaction?

What is an Uncommercial Transaction?

Estimated reading time: 6 minutes

Liquidators have a set of powers under the Corporations Act 2001 (Cth) (the Act) known as ‘voidable transactions’ (sometimes also known as ‘avoidance provisions’), which allow the liquidator to ‘claw back’ certain transactions in the case of an insolvent winding-up.

Ilustration to the article "What is Wage Theft?"

What is Wage Theft?

Estimated reading time: 5 minutes

Wage theft is the underpayment of employees. Wage theft can occur in a number of ways, for example underpaying wages, not granting entitlements or refusing to pay penalty rates, superannuation, overtime or commissions.

The image shows a scene from the court with the man examination by videoconference

Section 77C Bankruptcy Examinations Are Now Allowed Via Videoconference

Estimated reading time: 5 minutes

An important part of the personal bankruptcy process in Australia is the ability of those overseeing the process to ‘examine’ the individual undergoing bankruptcy or any other relevant person. This is the ability to question that person or those persons, under oath, about their financial affairs, fraud or involvement with the bankrupt. This power is contained within section 77C of the Bankruptcy Act 1966 (Cth) and is sometimes known as a ‘private examination’.

What are the new penalties for directors in Australia?

What are the new penalties for directors?

Estimated reading time: 6 minutes

Directors need to be aware that having the ‘best of intentions’ will often not be enough to avoid liability for a breach of the duty under the new penalties.

Cure Cancer Lab Tour photos

Cure Cancer Lab Tour

Estimated reading time: 2 minutes

Sewell & Kettle were very fortunate last week to be invited by Cure Cancer and The Can Too Foundation to participate in a tour of their cancer research lab at the University of New South Wales. Sewell & Kettle is…

How do you respond to an ATO garnishee notice?

How do you respond to an ATO garnishee notice?

Estimated reading time: 6 minutes

Garnishee notices are designed as a last resort strategy in cases involving significant tax debts and uncooperative debtors and should be taken very seriously. They can be embarrassing, or even damaging, as they drag third parties into your personal financial affairs.