Garnishee orders remain one of the most effective and immediate enforcement tools available to judgement creditors, as we discussed last month. By enabling funds owed to a debtor – whether held in a bank account or payable by a third party – to be intercepted directly, they can provide a swift, tangible pathway to recovery [...]
In recent months, we have discussed statutory demands from the perspective of a defendant. This month’s article considers the issue of debt enforcement and collection from a different angle: what should creditors be aware of when seeking to enforce a debt against an individual using bankruptcy proceedings? Initiating bankruptcy proceedings to recover a debt can [...]
A statutory demand is a serious legal notice. It is not a routine request for payment, and should not be ignored or procrastinated over. Companies failing to respond to a statutory demand within a fixed prescribed timeframe may face winding-up proceedings. A statutory demand is a formal demand for payment issued under section 459E of [...]
The ‘Safe Harbour’ regime under the Corporations Act 2001 (Cth) (the “Act”) provides businesses facing insolvency an opportunity to access legal safe harbour from civil penalties and adverse orders, in circumstances where those businesses would have otherwise been trading whilst insolvent under section 588G of the Act. Insolvency The Act imposes a fundamental duty on [...]
