Articles

Extension of Temporary Relief for Financially Distressed Businesses

After much speculation, Treasury has announced that the temporary protections for financially distressed businesses will be extended beyond the initial six month period to 31 Decem…

Commercial rent relief for SME tenants

Rent reductions for a period of six months are available to small to medium sized businesses. Qualifying tenants will have an annual turnover below $50 million (excluding any gr…

‘GOOD FAITH’ DEFENCE — a recent decision tests the effectiveness of the defence

Author – Nicholas Boyce A recent test of the 'good faith' defence in resisting a preference claim highlights the effectiveness of having your recovery processes in order and …

IS IT REALLY A PERSONAL GUARANTEE? – Another personal guarantee gone wrong

Author - Nicholas Boyce Creditors are often faced with disputes by guarantors over the validity and enforceability of a guarantee following a failure by the principal to pay a d…

Important win for creditors defending unfair preference claims

The ‘PPSA defence’ has, in recent times, become a very valuable tool used by creditors to defend unfair preference claims. The Supreme Court of South Australia recently overtu…

Hirers and lessors beware

KEEP UP OR RISK YOUR GOODS AND SECURITIES SLIPPING THROUGH YOUR HANDS. While your contracts may be watertight in today's legal environment, unless you make changes before the Pers…