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 [...]
The personal insolvency regulator, the Australian Financial Security Authority (AFSA) has recently issued a warning around dodgy insolvency providers. It is anticipated that there will be a wave of business failures when the temporary insolvency relief measures come to an end at the end of this year. It is therefore a major concern of AFSA [...]
